Agenda Packet TC 02/20/2017 - Supplemental ItemsSupplemental Item
February 20, 2017
AGENDA ITEM NO. 4
Receive Annual Racial Profiling Report; discussion of same (Staff).
DEL CARMEN
CONSULTING, LLC
--, u! tour
Annual Contact Report
2016
The Trophy Club Police Department
(I) Introduction
Opening Statement
January 14, 2016
Trophy Club City Council
100 Municipal Drive
Trophy Club, Texas 76262
Dear Distinguished Members of the City Council,
The Texas Legislature, with the intent of addressing the issue of racial profiling in
policing, enacted in 2001 the Texas Racial Profiling Law. Since then, the Trophy Club Police
Department, in accordance with the law, has collected and reported traffic and motor vehicle -
related contact data for the purpose of identifying and addressing (if necessary) areas of concern
regarding racial profiling practices. In the 2009 Texas legislative session, the Racial Profiling
Law was modified and additional requirements are now in place. These most recent requirements
have been incorporated by the Trophy Club Police Department and are also being addressed in
this report.
This particular report contains three sections with information on traffic and motor
vehicle- related contact data. In addition, when appropriate, documentation is also a component
of this report, aiming at demonstrating the manner in which the Trophy Club Police Department
has complied with the Texas Racial Profiling Law. In section 1, you will find the table of
contents in addition to the Texas Senate Bill (SB1074); which later became the Texas Racial
Profiling Law. In addition, you will find the Texas HB 3389, which, in 2009, introduced new
requirements relevant to racial profiling. Also, in this section, a list of requirements relevant to
the Racial Profiling Law as established by TCOLE (Texas Commission on Law Enforcement) is
included. In addition, you will find, in sections 2 and 3 documentation which demonstrates
compliance by the Trophy Club Police Department relevant to the requirements as established in
the Texas Racial Profiling Law. That is, you will find documents relevant to the implementation
of an institutional policy banning racial profiling, the incorporation of a racial profiling
complaint process and the training administered to all law enforcement personnel.
The last section of this report provides statistical data relevant to contacts, made during
the course of motor vehicle stops, between 1/1/16 and 12/31/16. In addition, this section contains
the TCOLE Tier 1 form, which is required to be submitted to this particular organization by
March 1st of each year. The data in this report has been analyzed and compared to data derived
from the U.S. Census Bureau's Fair Roads Standard. The final analysis and recommendations
are also included in this report. The findings in this report serve as evidence of the Trophy Club
Police Department's commitment to comply with the Texas Racial Profiling Law.
Sincerely,
Alex del Carmen, Ph.D.
Del Carmen Consulting, LLC
Table of Contents
Table of Contents
(I) Introduction
a) Opening Statement
b) Table of Contents
c) TCOLE Guidelines
d) The Texas Law on Racial Profiling (S.B. 1074)
e) The Most Recent Legal Requirements (H.B. 3389)
(II) Responding to the Texas Racial Profiling Law
a) Institutional Policy on Racial Profiling
b) Educational Campaign Relevant to the Complaint Process
Addressing Allegations of Racial Profiling Practices
c) Racial Profiling Training of Law Enforcement Personnel
d) Report on Complaints Filed Against Officers for Violating the Racial Profiling
Law (includes outcome of investigation)
e) Police Contact Information Table (2016)/Known Ethnicity and Race of Detained
and TCOLE Tier 1 Form
f) Table Depicting Baseline Comparison (2016)
g) Analysis and Interpretation of Data (2016)
(III) Summary
a) Checklist
b) Contact Information
TCOLE GUIDELINES
Guidelines for Compiling and Reporting Data under Senate Bill 1074
Background
Senate Bill 1074 of the 77th Legislature established requirements in the Texas Code of Criminal
Procedure (TCCP) for law enforcement agencies. The Commission developed this document to
assist agencies in complying with the statutory requirements.
The guidelines are written in the form of standards using a style developed from accreditation
organizations including the Commission on Accreditation for Law Enforcement Agencies
(CALEA). The standards provide a description of what must be accomplished by an agency but
allows wide latitude in determining how the agency will achieve compliance with each
applicable standard.
Each standard is composed of two parts: the standard statement and the commentary. The
standard statement is a declarative sentence that places a clear-cut requirement, or multiple
requirements, on an agency. The commentary supports the standard statement but is not binding.
The commentary can serve as a prompt, as guidance to clarify the intent of the standard, or as an
example of one possible way to comply with the standard.
Standard 1
Each law enforcement agency has a detailed written directive that:
• clearly defines acts that constitute racial profiling;
• strictly prohibits peace officers employed by the agency from engaging in racial
profiling;
• implements a process by which an individual may file a complaint with the agency if the
individual believes a peace officer employed by the agency has engaged in racial
profiling with respect to the individual filing the complaint;
• provides for public education relating to the complaint process;
• requires appropriate corrective action to be taken against a peace officer employed by the
agency who, after investigation, is shown to have engaged in racial profiling in violation
of the agency's written racial profiling policy; and
• requires the collection of certain types of data for subsequent reporting.
Commentary
Article 2.131 of the TCCP prohibits officers from engaging in racial profiling, and article 2.132 of the TCCP now
requires a written policy that contains the elements listed in this standard. The article also specifically defines a law
enforcement agency as it applies to this statute as an " agency of the state, or of a county, municipality, or other
political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of
the officers' official duties."
The article further defines race or ethnicity as being of "a particular descent, including Caucasian, African,
Hispanic, Asian, or Native American." The statute does not limit the required policies to just these ethnic groups.
This written policy is to be adopted and implemented no later than January 1, 2002.
Standard 2
Each peace officer who stops a motor vehicle for an alleged violation of a law or ordinance
regulating traffic, or who stops a pedestrian for any suspected offense reports to the employing
law enforcement agency information relating to the stop, to include:
• a physical description of each person detained, including gender and the person's race or
ethnicity, as stated by the person, or, if the person does not state a race or ethnicity, as
determined by the officer's best judgment;
• the traffic law or ordinance alleged to have been violated or the suspected offense;
• whether the officer conducted a search as a result of the stop and, if so, whether the
person stopped consented to the search;
• whether any contraband was discovered in the course of the search, and the type of
contraband discovered;
• whether probable cause to search existed, and the facts supporting the existence of that
probable cause;
• whether the officer made an arrest as a result of the stop or the search, including a
statement of the offense charged;
• the street address or approximate location of the stop; and
• whether the officer issued a warning or citation as a result of the stop, including a
description of the warning or a statement of the violation charged.
Commentary
The information required by 2.133 TCCP is used to complete the agency reporting requirements found in Article
2.134. A peace officer and an agency may be exempted from this requirement under Article 2.135 TCCP
Exemption for Agencies Using Video and Audio Equipment. An agency may be exempt from this reporting
requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the
State does not supply those funds. Section 2.135 (a)(2) states, "the governing body of the county or municipality
served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department
of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs
funds or video and audio equipment for the purpose of installing video and audio equipment as described by
Subsection (a) (1) (A) and the agency does not receive from the state funds for video and audio equipment
sufficient, as determined by the department, for the agency to accomplish that purpose."
Standard 3
The agency compiles the information collected under 2.132 and 2.133 and analyzes the
information identified in 2.133.
Commentary
Senate Bill 1074 from the 77th Session of the Texas Legislature created requirements for law enforcement agencies
to gather specific information and to report it to each county or municipality served. New sections of law were
added to the Code of Criminal Procedure regarding the reporting of traffic and pedestrian stops. Detained is defined
as when a person stopped is not free to leave.
Article 2.134 TCCP requires the agency to compile and provide and analysis of the information collected by peace
officer employed by the agency. The report is provided to the governing body of the municipality or county no later
than March 1 of each year and covers the previous calendar year.
There is data collection and reporting required based on Article 2.132 CCP (tier one) and Article 2.133 CCP (tier
two).
The minimum requirements for "tier one" data for traffic stops in which a citation results are:
1) the race or ethnicity of individual detained (race and ethnicity as defined by the bill means of "a particular
descent, including Caucasian, African, Hispanic, Asian, or Native American");
2) whether a search was conducted, and if there was a search, whether it was a consent search or a probable
cause search; and
3) whether there was a custody arrest.
The minimum requirements for reporting on "tier two" reports include traffic and pedestrian stops. Tier two data
include:
1) the detained person's gender and race or ethnicity;
2) the type of law violation suspected, e.g., hazardous traffic, non -hazardous traffic, or other criminal
investigation (the Texas Department of Public Safety publishes a categorization of traffic offenses into
hazardous or non -hazardous);
3) whether a search was conducted, and if so whether it was based on consent or probable cause;
4) facts supporting probable cause;
5) the type, if any, of contraband that was collected;
6) disposition of the stop, e.g., arrest, ticket, warning, or release;
7) location of stop; and
8) statement of the charge, e.g., felony, misdemeanor, or traffic.
Tier one reports are made to the governing body of each county or municipality served by the agency an annual
report of information if the agency is an agency of a county, municipality, or other political subdivision of the state.
Tier one and two reports are reported to the county or municipality not later than March 1 for the previous calendar
year beginning March 1, 2003. Tier two reports include a comparative analysis between the race and ethnicity of
persons detained to see if a differential pattern of treatment can be discerned based on the disposition of stops
including searches resulting from the stops. The reports also include information relating to each complaint filed
with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. An agency
may be exempt from the tier two reporting requirement by applying for the funds from the Department of Public
Safety for video and audio equipment and the State does not supply those funds [See 2.135 (a)(2) TCCP].
Reports should include both raw numbers and percentages for each group. Caution should be exercised in
interpreting the data involving percentages because of statistical distortions caused by very small numbers in any
particular category, for example, if only one American Indian is stopped and searched, that stop would not provide
an accurate comparison with 200 stops among Caucasians with 100 searches. In the first case, a 100% search rate
would be skewed data when compared to a 50% rate for Caucasians.
Standard 4
If a law enforcement agency has video and audio capabilities in motor vehicles regularly used for
traffic stops, or audio capabilities on motorcycles regularly used to make traffic stops, the
agency:
• adopts standards for reviewing and retaining audio and video documentation; and
• promptly provides a copy of the recording to a peace officer who is the subject of a
complaint on written request by the officer.
Commentary
The agency should have a specific review and retention policy. Article 2.132 TCCP specifically requires that the
peace officer be promptly provided with a copy of the audio or video recordings if the officer is the subject of a
complaint and the officer makes a written request.
Standard 5
Agencies that do not currently have video or audio equipment must examine the feasibility of
installing such equipment.
Commentary
None
Standard 6
Agencies that have video and audio recording capabilities are exempt from the reporting
requirements of Article 2.134 TCCP and officers are exempt from the reporting requirements of
Article 2.133 TCCP provided that:
• the equipment was in place and used during the proceeding calendar year; and
• video and audio documentation is retained for at least 90 days.
Commentary
The audio and video equipment and policy must have been in place during the previous calendar year. Audio and
video documentation must be kept for at least 90 days or longer if a complaint has been filed. The documentation
must be retained until the complaint is resolved. Peace officers are not exempt from the requirements under Article
2.132 TCCP.
Standard 7
Agencies have citation forms or other electronic media that comply with Section 543.202 of the
Transportation Code.
Commentary
Senate Bill 1074 changed Section 543.202 of the Transportation Code requiring citations to include:
• race or ethnicity, and
• whether a search of the vehicle was conducted and whether consent for the search was obtained.
The Texas Law on Racial Profiling
AN ACT
relating to the prevention of racial profiling by certain peace officers.
TEXAS:
S.B. No. 1074
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by
adding Articles 2.131 through 2.138 to read as follows:
Art. 2.131. RACIAL PROFILING PROHIBITED. A Deace officer
may not engage in racial profiling_
Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL
PROFILING. (a) In this article:
(1) "Law enforcement agency" means an agency of the state,
or of a county, municipality, or other political subdivision of the state, that employs peace
officers who make traffic stops in the routine performance of the officers' official duties.
(2) "Race or ethnicity" means of a particular descent,
including Caucasian, African, Hispanic, Asian, or Native American descent.
(b) Each law enforcement agency in this state shall adopt a detailed
written policy on racial profiling. The polices
from engaging in racial profiling,
(1) clearly define acts constituting racial profiling,
(2) strictly prohibit peace officers employed by the agency
(3) implement a process by which an individual ma,, file
complaint with the agency if the individual believes that a peace officer employed by the agency
has engaged in racial profiling with respect to the individual,
complaint process,
(4) provide public education relating to the agency's
(5) require appropriate corrective action to be taken against a
peace officer employed by the agency who, after an investigation, is shown to have engaged in
racial profiling in violation of the agency's policy adopted under this article,
(6) require collection of information relating to traffic stops
in which a citation is issued and to arrests resulting from those traffic stops, including
information relating to:
and
(A) the race or ethnicity of the individual detained,
(B) whether a search was conducted and, if so,
whether the person detained consented to the search, and
(7) require the agency to submit to the governing body of
each county or municipality served by the agency an annual report of the information collected
under Subdivision (6) if the agency is an agency of a county, municipality, or other political
subdivision of the state.
(c) The data collected as a result of the reporting requirements of this
article shall not constitute prima facie evidence of racial profiling.
(d) On adoption of a policy under Subsection (b), a law enforcement
agency shall examine the feasibility of installing video camera and transmitter -activated
equipment in each agency law enforcement motor vehicle regularly used to make traffic stops
and transmitter -activated equipment in each agency law enforcement motorcycle regularly
to make traffic stops. If a law enforcement agency installs video or audio equipment as provided
by this subsection, the policy adopted by the a_ gency under Subsection (b) must include standards
for reviewing video and audio documentation.
(e) A report required under Subsection (b)(7) may not include
identifying information about a peace officer who makes a traffic stop or about an individual
who is stopped or arrested by a Peace officer. This subsection does not affect the collection of
information as required by a Policy under Subsection (b)(6).
(f) On the commencement of an investigation by a law enforcement
agency of a complaint described by Subsection (b)(3) in which a video or audio recording of f the
occurrence on which the complaint is based was made, the agency shall promptly provide a cM
of the recording _ to o the peace officer who is the subject of the complaint on written request by the
officer.
Art. 2.133. REPORTS REQUIRED FOR TRAFFIC AND
PEDESTRIAN STOPS. (a) In this article:
2.132(a).
(1) "Race or ethnicity" has the meanie _g assigned byassi_ fined by Article
(2) "Pedestrian stop" means an interaction between a peace
officer and an individual who is being detained for the purpose of a criminal investigation in
which the individual is not under arrest.
(b) A peace officer who stops a motor vehicle for an alleged violation
of a law or ordinance regulating _ traffic or who stops a pedestrian for any suspected offense shall
report to the law enforcement a stop,
that employs the officer information relating to the stop,
including:
of the stop, including:
(1) a physical description of each person detained as a result
(A) the person's gender, and
(B) the person's race or ethnicity, as stated by the
person or, if the person does not state the person's race or ethnicity, as determined by the officer
to the best of the officer's ability;
(2) the traffic law or ordinance alleged to have been violated
or the suspected offense,
(3) whether the officer conducted a search as a result of the
stop and, if so, whether the person detained consented to the search,
(4) whether any contraband was discovered in the course of
the search and the type of contraband discovered;
(5) whether probable cause to search existed and the facts
supporting the existence of that probable cause;
(6) whether the officer made an arrest as a result of the stop
or the search, including a statement of the offense charged,
and
(7) the street address or approximate location of the stop,
(8) whether the officer issued a warning or a citation as a
result of the stop, including a description of the warning or a statement of the violation charged.
Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION
COLLECTED. (a) In this article, "pedestrian stop" means an interaction between a peace
officer and an individual who is being detained for the purpose of a criminal investigation in
which the individual is not under arrest.
(b) A law enforcement agency shall compile and analyze
information contained in each report received by the agency under Article 2.133. Not later than
March 1 of each year, each local law enforcement agency shall submit a report containing the
information compiled during the previous calendar year to the governing body of each county or
municipality served by the agency in a manner approved by the agency_
(c) A report required under Subsection (b) must include:
(1) a comparative analysis of the information compiled
under Article 2.133 to:
(A) determine the prevalence of racial profiling by
peace officers employed by the agency, and
(B) examine the disposition of traffic and
pedestrian stops made by officers employed by the agency, including searches resulting from the
stops, and
(2) information relating to each complaint filed with the
agency alleging that a peace officer employed by the agency has engaged in racial profiling.
(d) A report required under Subsection (b) may not include
identifying information about a peace officer who makes a traffic or pedestrian stop or about an
individual who is stopped or arrested by peace officer. This subsection does not affect the
reporting of information required under Article 2.133(b)(1).
(e) The Commission on Law Enforcement Officer Standards and
Education shall develop guidelines for compiling and reporting information as required b, this
article.
(f) The data collected as a result of the reporting requirements of this
article shall not constitute prima facie evidence of racial profiling_.
Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND
AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under
Article 2.133 and a law enforcement agency is exempt from the compilation, analysis, and
reporting requirements under Article 2.134 if:
(1) during the calendar year preceding the date that a report
under Article 2.134 is required to be submitted:
(A) each law enforcement motor vehicle regularly
used by an officer employed by the agency to make traffic and pedestrian stops is equipped with
video camera and transmitter -activated equipment and each law enforcement motorcy le
regularly _ used to make traffic and pedestrian stops is equipped with transmitter -activated
equipment, and
(B) each traffic and Pedestrian stop made by an
officer employed by the agency that is capable of being recorded by video and audio or audio
equipment, as appropriate, is recorded by using _ the he equipment, or
(2) the goveming body of the county or municipals . served
by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the
Department of Public Safety, not later than the date specified by rule by the department, that the
law enforcement agency needs funds or video and audio equipment for the purpose of installing
video and audio equipment as described by Subsection (a)(1)(A) and the agency does not receive
from the state funds or video and audio equipment sufficient, as determined by the department,
for the agency to accomplish that purpose.
(b) Except as otherwise provided by this subsection, a law
enforcement agency that is exempt from the requirements under Article 2.134 shall retain the
video and audio or audio documentation of each traffic and pedestrian stop for at least 90 days
after the date of the stop. If a complaint is filed with the law enforcement agency allegro that hat a
peace officer employed by the agency has engaged in racial profiling with respect to a traffic or
pedestrian stop, the agency shall retain the video and audio or audio record of the stop until final
disposition of the complaint.
(c) This article does not affect the collection or reporting
requirements under Article 2.132.
Art. 2.136. LIABILITY. A peace officer is not liable for damages
arising from an act relating to the collection or reporting of information as required by Article
2.133 or under a Policy adopted under Article 2.132.
Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The
Department of Public Safety shall adopt rules for providing funds or video and audio equipment
to law enforcement agencies for the purpose of installing video and audio equipment as
described by Article 2.135(a)(1)(A), including specifying criteria to prioritize funding or
equipment provided to law enforcement agencies. The criteria may include consideration of tax
effort, financial hardship, available revenue, and budget sup2luses. The criteria must give
priority to:
(1) law enforcement agencies that employ peace officers
whose primary duty is traffic enforcement,
(2) smaller jurisdictions, and
(3) municipal and county law enforcement agencies.
(b) The Department of Public Safety shall collaborate with an
institution of higher education to identify law enforcement agencies that need funds or video and
audio equipment for the purpose of installing video and audio equipment as described by Article
2.135(a)(1)(A). The collaboration may include the use of a survey to assist in developing criteria
to prioritize funding or equipment provided to law enforcement agencies.
(c) To receive funds or video and audio equipment from the state for
the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the
governing body of a county or municipality, in conjunction with the law enforcement agency
serving the county or municipality, shall certify to the Department of Public Safety that the law
enforcement agency needs funds or video and audio equipment for that purpose.
(d) On receipt of funds or video and audio equipment from the state
for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A),
the governing body of a county or municipality, in conjunction with the law enforcement agency
serving the county or municipality, shall certify to the Department of Public Safety that the law
enforcement agency has installed video and audio equipment as described by Article
2.135(a)(1)(A) and is usingthe he equipment as required by Article 2.135(a)(1).
Art. 2.138. RULES. The Department of Public Safety may adopt
rules to implement Articles 2.131-2.137.
SECTION 2. Chapter 3, Code of Criminal Procedure, is amended by
adding Article 3.05 to read as follows:
Art. 3.05. RACIAL PROFILING. In this code, "racial profiling"
means a law enforcement -initiated action based on an individual's race, ethnicity, or national
origin rather than on the individual's behavior or on information identifying the individual as
having engaged in criminal activity.
SECTION 3. Section 96.641, Education Code, is amended by adding
Subsection 0) to read as follows:
(t) As part of the initial training and continuing education for police
chiefs required under this section, the institute shall establish a program on racial profiling. The
program must include an examination of the best practices for:
(1) monitoring peace officers' compliance with laws and
internal agency policies relating to racial profiling relating to racial profiling_
to preventing _ racial acial profiling, and
(2) implementing laws and internal agency policies relating
(3) analyzing and nd reporting collected information.
SECTION 4. Section 1701.253, Occupations Code, is amended by
adding Subsection (e) to read as follows:
(e) As part of the minimum curriculum requirements, the commission
shall establish a statewide comprehensive education and training program on racial profiling for
officers licensed under this chapter. An officer shall complete a program established under this
subsection not later than the second anniversary of the date the officer is licensed under this
chapter or the date the officer applies for an intermediate proficiency certificate, whichever date
is earlier.
SECTION 5. Section 1701.402, Occupations Code, is amended by
adding Subsection (d) to read as follows:
(d) As a requirement for an intermediate proficiency certificate, an
officer must complete an education and training program on racial profiling established by the
commission under Section 1701.253(e).
read as follows:
SECTION 6. Section 543.202, Transportation Code, is amended to
Sec. 543.202. FORM OF RECORD. (a) In this section, "race or
ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or
Native American descent.
The record must be made on a form or by a data processing
method acceptable to the department and must include:
(1) the name, address, physical description, including race or
ethnicity, date of birth, and driver's license number of the person charged;
(2) the registration number of the vehicle involved;
(3) whether the vehicle was a commercial motor vehicle as
defined by Chapter 522 or was involved in transporting hazardous materials;
(4) the person's social security number, if the person was
operating a commercial motor vehicle or was the holder of a commercial driver's license or
commercial driver learner's permit;
(5) the date and nature of the offense, including whether the
offense was a serious traffic violation as defined by Chapter 522;
(6) whether a search of the vehicle was conducted and
whether consent for the search was obtained,
Q the plea, the judgment, and whether bail was forfeited;
[(7}] the date of conviction; and
n [{&}] the amount of the fine or forfeiture.
SECTION 7. Not later than January 1, 2002, a law enforcement
agency shall adopt and implement a policy and begin collecting information under the policy as
required by Article 2.132, Code of Criminal Procedure, as added by this Act. A local law
enforcement agency shall first submit information to the governing body of each county or
municipality served by the agency as required by Article 2.132, Code of Criminal Procedure, as
added by this Act, on March 1, 2003. The first submission of information shall consist of
information compiled by the agency during the period beginning January 1, 2002, and ending
December 31, 2002.
SECTION 8. A local law enforcement agency shall first submit
information to the governing body of each county or municipality served by the agency as
required by Article 2.134, Code of Criminal Procedure, as added by this Act, on March 1, 2004.
The first submission of information shall consist of information compiled by the agency during
the period beginning January 1, 2003, and ending December 31, 2003.
SECTION 9. Not later than January 1, 2002:
(1) the Commission on Law Enforcement Officer Standards
and Education shall establish an education and training program on racial profiling as required
by Subsection (e), Section 1701.253, Occupations Code, as added by this Act; and
(2) the Bill Blackwood Law Enforcement Management
Institute of Texas shall establish a program on racial profiling as required by Subsection (j),
Section 96.641, Education Code, as added by this Act.
SECTION 10. A person who on the effective date of this Act holds
an intermediate proficiency certificate issued by the Commission on Law Enforcement Officer
Standards and Education or has held a peace officer license issued by the Commission on Law
Enforcement Officer Standards and Education for at least two years shall complete an education
and training program on racial profiling established under Subsection (e), Section 1701.253,
Occupations Code, as added by this Act, not later than September 1, 2003.
SECTION 11. An individual appointed or elected as a police chief
before the effective date of this Act shall complete a program on racial profiling established
under Subsection 0), Section 96.641, Education Code, as added by this Act, not later than
September 1, 2003.
SECTION 12. This Act takes effect September 1, 200
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1074 passed the Senate on April 4, 2001,
by the following vote: Yeas 28, Nays 2; May 21, 2001, Senate refused to concur in House
amendments and requested appointment of Conference Committee; May 22, 2001, House
granted request of the Senate; May 24, 2001, Senate adopted Conference Committee Report by a
viva-voce vote.
Secretary of the Senate
I hereby certify that S.B. No. 1074 passed the House, with
amendments, on May 15, 2001, by a non -record vote; May 22, 2001, House granted request of
the Senate for appointment of Conference Committee; May 24, 2001, House adopted Conference
Committee Report by a non -record vote.
Chief Clerk of the House
Approved:
Date
Governor
Most Recent Legal Requirements
(H.B. 3389)
Amend CSHB 3389 (Senate committee report) as follows:
(1) Strike the following SECTIONS of the bill:
(A) SECTION 8, adding Section 1701.164, Occupations
Code (page 4, lines 61-66);
(B) SECTION 24, amending Article 2.132(b), Code of
Criminal Procedure (page 8, lines 19-53);
(C) SECTION 25, amending Article 2.134(b), Code of
Criminal Procedure (page 8, lines 54-64);
(D) SECTION 28, providing transition language for the
amendments to Articles 2.132(b) and 2.134(b), Code of Criminal
Procedure (page 9, lines 40-47).
(2) Add the following appropriately numbered SECTIONS to
the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION Article 2.132, Code of Criminal Procedure, is
amended by amending Subsections (a), (b), (d), and (e) and adding
Subsection (g) to read as follows:
(a) In this article:
(1) "Law enforcement agency" means an agency of the
state, or of a county, municipality, or other political subdivision
of the state, that employs peace officers who make motor vehicle
[] stops in the routine performance of the officers'
official duties.
(2) "Motor vehicle stop" means an occasion in which a
peace officer stops a motor vehicle for an alleged violation of a
law or ordinance.
(3) "Race or ethnicity" means of a particular descent,
including Caucasian, African, Hispanic, Asian, [ems] Native
American, or Middle Eastern descent.
(b) Each law enforcement agency in this state shall adopt a
detailed written policy on racial profiling. The policy must:
(1) clearly define acts constituting racial
profiling;
(2) strictly prohibit peace officers employed by the
agency from engaging in racial profiling;
(3) implement a process by which an individual may
file a complaint with the agency if the individual believes that a
peace officer employed by the agency has engaged in racial
profiling with respect to the individual;
(4) provide public education relating to the agency's
complaint process;
(5) require appropriate corrective action to be taken
against a peace officer employed by the agency who, after an
investigation, is shown to have engaged in racial profiling in
violation of the agency's policy adopted under this article;
(6) require collection of information relating to
motor vehicle [] stops in which a citation is issued and to
arrests made as a result o _ __ ___ ____g __ ____ those tEaffiestops,
including information relating to:
(A) the race or ethnicity of the individual
detained; and
(B) whether a search was conducted and, if so,
whether the individual [peEsen] detained consented to the search;
and
(C) whether the peace officer knew the race or
ethnicity of the individual detained before detaining that
individual; and
(7) require the chief administrator of the agency,
regardless of whether the administrator is elected, employed, or
appointed, to submit [
seEved by the ageneyl an annual report of the
information collected under Subdivision (6) to:
(A) the Commission on Law Enforcement Officer
Standards and Education; and
(B) the governing body of each county or
municipality served by the agency, if the agency is an agency of a
county, municipality, or other political subdivision of the state.
(d) On adoption of a policy under Subsection (b), a law
enforcement agency shall examine the feasibility of installing
video camera and transmitter -activated equipment in each agency law
enforcement motor vehicle regularly used to make motor vehicle
[tee] stops and transmitter -activated equipment in each agency
law enforcement motorcycle regularly used to make motor vehicle
[tee] stops. If a law enforcement agency installs video or
audio equipment as provided by this subsection, the policy adopted
by the agency under Subsection (b) must include standards for
reviewing video and audio documentation.
(e) A report required under Subsection (b)(7) may not
include identifying information about a peace officer who makes a
motor vehicle [tee] stop or about an individual who is stopped
or arrested by a peace officer. This subsection does not affect the
collection of information as required by a policy under Subsection
(b) (6) .
(g) On a finding by the Commission on Law Enforcement
Officer Standards and Education that the chief administrator of a
law enforcement agency intentionally failed to submit a report
required under Subsection (b)(7), the commission shall begin
disciplinary procedures against the chief administrator.
SECTION Article 2.133, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE [z AND
PEDESTRI TrTSTOPS. a In this article, n
race
[(4:) "Raee] or ethnicity" has the meaning assigned by
Article 2.132(a).
[(7) "PeelestLai n stei"means an inteEaetien between
pewee-effieeand an inelivieldal whe ims beimnEff eletaineel fer r
p}rrpese of a.r;. , investiffatien in ,,,.._,.h the i ,a_vid , IS net
idndeEaEEest . ]
(b) A peace officer who stops a motor vehicle for an alleged
violation of a law or ordinance [Eegidlatinff _-____-= er whe steps a
pedestEian feE any sidspeeted effe se] shall report to the law
enforcement agency that employs the officer information relating to
the stop, including:
(1) a physical description of any [eaeh] person
operating the motor vehicle who is detained as a result of the stop,
including:
(A) the person's gender; and
(B) the person's race or ethnicity, as stated by
the person or, if the person does not state the person's race or
ethnicity, as determined by the officer to the best of the officer's
ability;
(2) the initial reason for the stop [tEaff e law eE
(3) whether the officer conducted a search as a result
of the stop and, if so, whether the person detained consented to the
search;
(4) whether any contraband or other evidence was
discovered in the course of the search and a description [thetype]
of the contraband or evidence [ei];
(5) the reason for the search, including whether:
(A) any contraband or other evidence was in plain
view;
(B) any probable cause or reasonable suspicion
existed to perform the search; or
(C) the search was performed as a result of the
towing of the motor vehicle or the arrest of any person in the motor
vehicle [ex-istedand- the t-.e s sidisper-tinEff the eiEistenee of that
pEebah,, ads=];
(6) whether the officer made an arrest as a result of
the stop or the search, including a statement of whether the arrest
was based on a violation of the Penal Code, a violation of a traffic
law or ordinance, or an outstanding warrant and a statement of the
offense charged;
(7) the street address or approximate location of the
stop; and
(8) whether the officer issued a written warning or a
citation as a result of the stop[, inel- ding _ deseaa ptim n Ref thr
a statement ef the vielatien e edl
SECTION Article 2.134, Code of Criminal Procedure, is
amended by amending Subsections (a) through (e) and adding
Subsection (g) to read as follows:
(a) In this article:
(1) "Motor vehicle[, "peelestr-_n] stop" has the
meaning assigned by Article 2.132 (a) [means an ±nteEaetienbetween
zceE and S _3eimn- ------------ --- _---
puEpese e£ a eEiminal investigatien in whim..h the in-l_v ,_ , is net
,dndeEaEEest ]
(2) "Race or ethnicity" has the meaning assigned by
Article 2.132(a).
(b) A law enforcement agency shall compile and analyze the
information contained in each report received by the agency under
Article 2.133. Not later than March 1 of each year, each [3eeal]
law enforcement agency shall submit a report containing the
incident -based data [infeE ati en] compiled during the previous
calendar year to the Commission on Law Enforcement Officer
Standards and Education and, if the law enforcement agency is a
local law enforcement agency, to the governing body of each county
or municipality served by the agency ['
affeney].
(c) A report required under Subsection (b) must be submitted
by the chief administrator of the law enforcement agency,
regardless of whether the administrator is elected, employed, or
appointed, and must include:
(1) a comparative analysis of the information compiled
under Article 2.133 to:
(A) evaluate and compare the number of motor
vehicle stops, within the applicable jurisdiction, of persons who
are recognized as racial or ethnic minorities and persons who are
not recognized as racial or ethnic minorities [deteE,..;ne
pEevalenee of Kaeia pEefi, ---f by i- aee e f fie Es empleyed by 1-1..e
ageney] ; and
(B) examine the disposition of motor vehicle
[tE ff—c and p,., estE-,n] stops made by officers employed by the
agency, categorized according to the race or ethnicity of the
affected persons, as appropriate, including any searches resulting
from [-re] stops within the applicable jurisdiction; and
(2) information relating to each complaint filed with
the agency alleging that a peace officer employed by the agency has
engaged in racial profiling.
(d) A report required under Subsection (b) may not include
identifying information about a peace officer who makes a motor
vehicle [tr ffie erpedestrian] stop or about an individual who is
stopped or arrested by a peace officer. This subsection does not
affect the reporting of information required under Article
2.133 (b) (1) .
(e) The Commission on Law Enforcement Officer Standards and
Education, in accordance with Section 1701.162, Occupations Code,
shall develop guidelines for compiling and reporting information as
required by this article.
(g) On a finding by the Commission on Law Enforcement
Officer Standards and Education that the chief administrator of a
law enforcement agency intentionally failed to submit a report
required under Subsection (b), the commission shall begin
disciplinary procedures against the chief administrator.
SECTION Article 2.135, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.135. PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND
AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting
requirement under Article 2.133 and the chief administrator of a
law enforcement agency, regardless of whether the administrator is
elected, employed, or appointed, is exempt from the compilation,
analysis, and reporting requirements under Article 2.134 if:
(1) during the calendar year preceding the date that a
report under Article 2.134 is required to be submitted:
(A) each law enforcement motor vehicle regularly
used by an officer employed by the agency to make motor vehicle
[tE ff_c and p,.,estE-_n] stops is equipped with video camera and
transmitter -activated equipment and each law enforcement
motorcycle regularly used to make motor vehicle [zEaffie—and
pedes r-,n~-,] stops is equipped with transmitter -activated
equipment; and
(B) each motor vehicle [tE ff_e and edestEla+ ]
stop made by an officer employed by the agency that is capable of
being recorded by video and audio or audio equipment, as
appropriate, is recorded by using the equipment; or
(2) the governing body of the county or municipality
served by the law enforcement agency, in conjunction with the law
enforcement agency, certifies to the Department of Public Safety,
not later than the date specified by rule by the department, that
the law enforcement agency needs funds or video and audio equipment
for the purpose of installing video and audio equipment as
described by Subsection (a)(1)(A) and the agency does not receive
from the state funds or video and audio equipment sufficient, as
determined by the department, for the agency to accomplish that
purpose.
(b) Except as otherwise provided by this subsection, a law
enforcement agency that is exempt from the requirements under
Article 2.134 shall retain the video and audio or audio
documentation of each motor vehicle [tE ff—c and redo_tEla—] stop
for at least 90 days after the date of the stop. If a complaint is
filed with the law enforcement agency alleging that a peace officer
employed by the agency has engaged in racial profiling with respect
to a motor vehicle [tEaffie er pedes Eia ] stop, the agency shall
retain the video and audio or audio record of the stop until final
disposition of the complaint.
(c) This article does not affect the collection or reporting
requirements under Article 2.132.
(d) In this article, "motor vehicle stop" has the meaning
assigned by Article 2.132(a).
SECTION Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.1385 to read as follows:
Art. 2.1385. CIVIL PENALTY. (a) If the chief
administrator of a local law enforcement agency intentionally fails
to submit the incident -based data as required by Article 2.134, the
agency is liable to the state for a civil penalty in the amount of
$1,000 for each violation. The attorney general may sue to collect
a civil penalty under this subsection.
(b) From money appropriated to the agency for the
administration of the agency, the executive director of a state law
enforcement agency that intentionally fails to submit the
incident -based data as required by Article 2.134 shall remit to the
comptroller the amount of $1,000 for each violation.
(c) Money collected under this article shall be deposited in
the state treasury to the credit of the general revenue fund.
SECTION Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.022 to read as follows:
Art. 102.022. COSTS ON CONVICTION TO FUND STATEWIDE
REPOSITORY FOR DATA RELATED TO CIVIL JUSTICE. (a) In this
article, "moving violation" means an offense that:
(1) involves the operation of a motor vehicle; and
(2) is classified as a moving violation by the
Department of Public Safety under Section 708.052, Transportation
Code.
(b) A defendant convicted of a moving violation in a justice
court, county court, county court at law, or municipal court shall
pay a fee of 10 cents as a cost of court.
(c) In this article, a person is considered convicted if:
(1) a sentence is imposed on the person;
(2) the person receives community supervision,
including deferred adjudication; or
(3) the court defers final disposition of the person's
case.
(d) The clerks of the respective courts shall collect the
costs described by this article. The clerk shall keep separate
records of the funds collected as costs under this article and shall
deposit the funds in the county or municipal treasury, as
appropriate.
(e) The custodian of a county or municipal treasury shall:
(1) keep records of the amount of funds on deposit
collected under this article; and
(2) send to the comptroller before the last day of the
first month following each calendar quarter the funds collected
under this article during the preceding quarter.
(f) A county or municipality may retain 10 percent of the
funds collected under this article by an officer of the county or
municipality as a collection fee if the custodian of the county or
municipal treasury complies with Subsection (e).
(g) If no funds due as costs under this article are
deposited in a county or municipal treasury in a calendar quarter,
the custodian of the treasury shall file the report required for the
quarter in the regular manner and must state that no funds were
(h) The comptroller shall deposit the funds received under
this article to the credit of the Civil Justice Data Repository fund
in the general revenue fund, to be used only by the Commission on
Law Enforcement Officer Standards and Education to implement duties
under Section 1701.162, Occupations Code.
(i) Funds collected under this article are subject to audit
by the comptroller.
SECTION (a) Section 102.061, Government Code, as
reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th
Legislature, Regular Session, 2007, is amended to conform to the
amendments made to Section 102.061, Government Code, by Chapter
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
2007, and is further amended to read as follows:
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN
STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
statutory county court shall collect fees and costs under the Code
of Criminal Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for services of the clerk of the court (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(5) a juvenile delinquency prevention and graffiti
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
$50 [mil ; [dl
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5; and
(7) a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . $0.10.
(b) Section 102.061, Government Code, as amended by Chapter
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
2007, is repealed. Section 102.061, Government Code, as reenacted
and amended by Chapter 921 (H.B. 3167), Acts of the 80th
Legislature, Regular Session, 2007, to reorganize and renumber that
section, continues in effect as further amended by this section.
SECTION (a) Section 102.081, Government Code, as
amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
Regular Session, 2007, is amended to conform to the amendments made
to Section 102.081, Government Code, by Chapter 1053 (H.B. 2151),
Acts of the 80th Legislature, Regular Session, 2007, and is further
amended to read as follows:
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN
COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county
court shall collect fees and costs under the Code of Criminal
Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for clerk of the court services (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(5) a juvenile delinquency prevention and graffiti
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
$50 [mil ; [a-Fdl
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5; and
(7) a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . $0.10.
(b) Section 102.081, Government Code, as amended by Chapter
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
2007, is repealed. Section 102.081, Government Code, as amended by
Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
Session, 2007, to reorganize and renumber that section, continues
in effect as further amended by this section.
SECTION Section 102.101, Government Code, is amended
to read as follows:
Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN
JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice
court shall collect fees and costs under the Code of Criminal
Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(2) a fee for withdrawing request for jury less than 24
hours before time of trial (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(3) a jury fee for two or more defendants tried jointly
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $4;
(5) a fee for technology fund on a misdemeanor offense
(Art. 102.0173, Code of Criminal Procedure) . . . $4;
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5;
(7) a fee on conviction of certain offenses involving
issuing or passing a subsequently dishonored check (Art. 102.0071,
Code of Criminal Procedure) . . . not to exceed $30; []
(8) a court cost on conviction of a Class C misdemeanor
in a county with a population of 3.3 million or more, if authorized
by the county commissioners court (Art. 102.009, Code of Criminal
Procedure) . . . not to exceed $7; and
(9) a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . $0.10.
SECTION Section 102.121, Government Code, is amended
to read as follows:
Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN
MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
municipal court shall collect fees and costs on conviction of a
defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(2) a fee for withdrawing request for jury less than 24
hours before time of trial (Art. 102.004, Code of Criminal
Procedure) . . . $3;
(3) a jury fee for two or more defendants tried jointly
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(5) a fee for technology fund on a misdemeanor offense
(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4;
[]
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5; and
(7) a civil justice fee (Art. 102.022, Code of
Criminal Procedure) . $0.10.
SECTION Subchapter D, Chapter 1701, Occupations Code,
is amended by adding Section 1701.164 to read as follows:
Sec. 1701.164. COLLECTION OF CERTAIN INCIDENT -BASED DATA
SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall
collect and maintain incident -based data submitted to the
commission under Article 2.134, Code of Criminal Procedure,
including incident -based data compiled by a law enforcement agency
from reports received by the law enforcement agency under Article
2.133 of that code. The commission in consultation with the
Department of Public Safety, the Bill Blackwood Law Enforcement
Management Institute of Texas, the W. W. Caruth, Jr., Police
Institute at Dallas, and the Texas Police Chiefs Association shall
develop guidelines for submitting in a standard format the report
containing incident -based data as required by Article 2.134, Code
of Criminal Procedure.
SECTION Subsection (a), Section 1701.501,
Occupations Code, is amended to read as follows:
(a) Except as provided by Subsection (d), the commission
shall revoke or suspend a license, place on probation a person whose
license has been suspended, or reprimand a license holder for a
violation of:
(1) this chapter;
(2) the reporting requirements provided by Articles
2.132 and 2.134, Code of Criminal Procedure; or
(3) a commission rule.
SECTION (a) The requirements of Articles 2.132,
2.133, and 2.134, Code of Criminal Procedure, as amended by this
Act, relating to the compilation, analysis, and submission of
incident -based data apply only to information based on a motor
vehicle stop occurring on or after January 1, 2010.
(b) The imposition of a cost of court under Article 102.022,
Code of Criminal Procedure, as added by this Act, applies only to an
offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is covered
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense occurred before that date.
(II) Responding to the Law
Institutional Policy on Racial Profiling
--Insert Policy Here--
Trophy Club Police Department
Policy Manual
RACIAL PROFILING
333.1 PURPOSE
The purpose of this policy is to affirm that the Trophy Club Police Department is committed
to unbiased policing in all its encounters between officers and any person. The Department
recognizes that our society holds the freedoms of the individual as a fundamental concept.
Therefore members of this Department will not infringe upon this freedom without just, legal and
necessary cause. This policy strictly forbids profiling of any individual or group based solely on
race, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group,
faith -based organizations or any other identifiable group.
333.2 POLICY
It is the policy of this department to police in a proactive manner and to aggressively investigate
suspected violations of law. Officers shall actively enforce state and federal laws in a responsible
and professional manner, without regard to race, ethnicity or national origin. Officers are strictly
prohibited from engaging in racial or bias profiling as defined in this policy. This policy shall be
applicable to all persons, whether drivers, passengers or pedestrians.
Officers shall conduct themselves in a dignified and respectful manner at all times when dealing
with the public. Two of the fundamental rights guaranteed by both the United States and Texas
constitutions are equal protection under the law and freedom from unreasonable searches and
seizures by government agents. The right of all persons to be treated equally and to be free from
unreasonable searches and seizures must be respected. Racial and Bias based profiling are
illegal patrol tactics and will not be condoned.
This policy shall not preclude officers from offering assistance, such as upon observing a
substance leaking from a vehicle, a flat tire, or someone who appears to be ill, lost or confused.
Nor does this policy prohibit stopping someone suspected of a crime based upon observed
actions and/or information received about the person.
This policy is adopted in compliance with the equirements of Articles 2.131 through 2.138., Texas
Code of Criminal Procedure, which prohibits Texas Peace Officers from engaging in racial
profiling.
333.3 DEFINITIONS
BIAS AND RACIAL BASED PROFILING - A law enforcement -initiated action based on an
individual's race, ethnic background, gender, sexual orientation, religion, economic status, age,
cultural group, or any other identifiable group rather than on the individual's behavior or on
information identifying the individual as having engaged in criminal activity.
Racial profiling pertains to persons who are viewed as suspects or potential suspects of criminal
behavior. The term is not relevant as it pertains to witnesses, complainants or other citizen
contacts.
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Policy Manual
RACIAL PROFILING
The prohibition against bias and racial base profiling does not preclude the use of race, ethnic
background, gender, sexual orientation, religion, economic status, age, cultural group, or any other
identifiable group in a detention decision. Race, ethnic background, gender, sexual orientation,
religion, economic status, age, cultural group, or any other identifiable group may be legitimate
factors in a detention decision when used as part of an actual description of a specific suspect for
whom an officer is searching. Detaining an individual and conducting an inquiry into that person's
activities simply because of that individual's race, ethnic background, gender, sexual orientation,
religion, economic status, age, cultural group, or any other identifiable group is bias and racial
based profiling. Examples of racial profiling include, but are not limited to the following:
• Citing a driver who is speeding in a stream of traffic where most other drivers are speeding
because of the cited driver's race, ethnicity or national origin.
• Detaining the driver of a vehicle based on the determination that a person of that race,
ethnicity or national origin is unlikely to own or possess that specific make or model of
vehicle.
• Detaining an individual based upon the determination that a person of that race, ethnicity or
national origin does not belong in a specific part of town or a specific place.
A law enforcement agency can arrive at two principles from the adoption of this definition of racial
profiling:
• Police may not use racial or ethnic stereotypes as factors in selecting whom to stop and
search, while police may use race in conjunction with other known factors of the suspect.
• Law enforcement officers may not use racial or ethnic stereotypes as factors in selecting
whom to stop and search. Racial profiling is not relevant as it pertains to witnesses, etc.
RACE OR ETHNICITY - Of a particular descent, including Caucasian, African, Hispanic, Asian,
or Native American.
PEDESTRIAN STOP - An interaction between a peace officer and an individual who is being
detained for the purpose of a criminal investigation in which the individual is not under arrest.
TRAFFIC STOP - A peace officer who stops a motor vehicle for an alleged violation of a law or
ordinance regulating traffic.
333.4 PROHIBITION
Officers of the Trophy Club Police Department are strictly prohibited from engaging in racial
profiling. The prohibition against racial profiling does not preclude the use of race, ethnicity or
national origin as factors in a detention decision by an officer. Race, ethnicity or national origin
may be legitimate factors in such a decision when used as part of a description of a suspect or
witness for whom an officer is searching.
Officers of the Trophy Club Police Department shall not engage in profiling based solely on gender,
sexual orientation, religion, economic status, age, culture, or any other identifiable group.
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Trophy Club Police Department
Policy Manual
RACIAL PROFILING
333.5 MEMBER RESPONSIBILITY
Every member of this department shall perform his/her duities in a fair and objective manner and
is responsible for promtly reporting any known instances of racial or bias -based profiling to a
supervisor.
333.6 TRAINING
Officers are responsible for adhering to all Texas Commission on Law Enforcement (TCOLE)
training and the Law Enforcement Management Institute of Texas (LEMIT) requirements as
mandated by law.
All officers shall complete a TCOLE training and education program on racial profiling not later
than the second anniversary of the date the officer is licensed under Chapter 1701 of the Texas
Occupations Code or the date the officer applies for an intermediate proficiency certificate,
whichever date is earlier. A person who on September 1, 2001,held a TCOLE intermediate
proficiency certificate, or who had held a peace officer's license issued by TCOLE for at least two
years, shall complete a TCOLE training and education program on racial and bias based profiling
not later than September 1, 2003.
The Chief of Police shall, as part of the initial training and continued education for such
appointment, be required to attend the program on racial profiling establised by the Bill Blackwood
Law Enforcement Management Institute of Texas (LMIT) as required by Section 96.641, Texas
Education Code.
333.7 VIDEO / AUDIO RECORDING AND REVIEW
Each motor vehicle regularly used by this department to make traffic and pedestrian stops is
equipped with a video camera and transmitter -activated equipment. Each traffic and pedestrian
stop made by an officer of this department that is capable of being recorded by video shall be
recorded.
This department shall retain the video of each traffic and pedestrian stop for at least ninety (90)
days after the date of the stop. If a complaint is filed with this department alleging that one of our
officers has engaged in racial profiling with respect to a traffic or pedestrian stop, this department
shall retain the video of the stop until final disposition of the complaint.
Supervisors will ensure officers of this department are recording their traffic and pedestrian stops.
Supervisors will review video taped traffic stops at a rate of five contacts per month per officer.
These stops will be selected at random by the supervisor and the review will be documented.
333.8 PUBLIC EDUCATION / AWARENESS
This department will inform the public of its policy against racial profiling and the complaint process.
Methods that may be utilized to inform the public are the news media, radio, service or civic
presentations, the Internet, as well as governing board meetings. Additionally, information will be
made available as appropriate in languages other than English.
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RACIAL PROFILING
333.9 CITATION DATA COLLECTION AND REPORTING
An officer is required to collect information relating to traffic stops in which a citation is issued. On
the citation officers must include:
(a) The violator's race or ethnicity;
(b) Whether a search was conducted;
(c) Was the search consensual; and
(d) If an arrest was made for this cited violation or any other violation
(a) A breakdown of citations by race or ethnicity;
(b) Number of citations that resulted in a search;
(c) Number of searches that were consensual; and
(d) Number of citations that resulted in custodial arrest for this cited violation or any other
violation
Not later than March 1 st of each year, this department shall submit a report to our governing body
containing this information from the preceding calendar year.
333.10 COMPLAINT INVESTIGATION
Persons wishing to make a complaint of racial profiling, may contact any Police Supervisor to
begin the complaint process That Supervisor shall provide the necessary forms for the complaint,
allow the person to complete the forms, and forward the complaint to the Chief of Police for review
and investigation.
All Employees of the Police Department will, upon request, give any person the process for filing a
complaint. The Department will provide instruction on the complaint process by any Police Officer,
by printed information readily available through the Police Department Administrative Assitant, or
by any other process that may be deemed necessary.
The Department will investigate all complaints. On the commencement of an investigation of a
racial profiling complaint in which a video or audio recording of the occurrence was made, the
department shall promptly provide a copy of the recording to the police officer who is the subject
of the complaint, on written request by that officer. If found, after a thorough investigation that an
officer has engaged in racial profiling and violated this policy, the officer will receive appropriate
corrective or disciplinary action.
Copyright Lexipol, LLC 2017/02/14, All Rights Reserved. RACIAL PROFILING - 4
Published with permission by Trophy Club Police Department
Complaint Process: Informing the
Public and Addressing Allegations of
Racial Profiling Practices
Informing the Public on the Process of Filing a Racial Profiling Complaint with the
Trophy Club Police Department
The Texas Racial Profiling Law requires that police agencies provide information to the
public regarding the manner in which to file a racial profiling complaint. In an effort to comply
with this particular component, the Trophy Club Police Department launched an educational
campaign aimed at informing the public on issues relevant to the racial profiling complaint
process.
The police department made available, in the lobby area and on its web site, information
relevant to filing a complaint on a racial profiling violation by a Trophy Club Police officer. It
is believed that through these efforts, the community has been properly informed of the new
policies and the complaint processes relevant to racial profiling.
Racial Profiling Training
Racial Profiling Training
Since 2002, all Trophy Club Police officers have been instructed, as specified in the
Texas Racial Profiling Law, to adhere to all Texas Commission on Law Enforcement (TCOLE)
training and the Law Enforcement Management Institute of Texas (LEMIT) requirements. To
date, all sworn officers of the Trophy Club Police Department have completed the TCOLE basic
training on racial profiling. The main outline used to train the officers of Trophy Club has been
included in this report.
It is important to recognize that the Chief of the Trophy Club Police Department has also
met the training requirements, as specified by the Texas Racial Profiling Law, in the completion
of the LEMIT program on racial profiling. The satisfactory completion of the racial profiling
training by the sworn personnel of the Trophy Club Police Department fulfills the training
requirement as specified in the Education Code (96.641) of the Texas Racial Profiling Law.
Racial Profiling
Course Number 3256
Texas Commission on Law Enforcement
September 2001
Racial Profiling 3256
Instructor's Note:
You may wish to teach this course in conjunction with
Asset Forfeiture 3255 because of the related subject matter
and applicability of the courses. If this course is taught in
conjunction with Asset Forfeiture, you may report it under
Combined Profiling and Forfeiture 3257 to reduce data entry.
Abstract
This instructor guide is designed to meet the educational requirement for racial profiling
established by
legislative mandate: 77R-SB1074.
Target Population: Licensed law enforcement personnel in Texas
Prerequisites: Experience as a law enforcement officer
Length of Course: A suggested instructional time of 4 hours
Material Requirements: Overhead projector, chalkboard and/or flip charts, video tape
player,
handouts, practical exercises, and demonstrations
Instructor Qualifications: Instructors should be very knowledgeable about traffic stop
procedures and law enforcement issues
Evaluation Process and Procedures
An examination should be given. The instructor may decide upon the nature and
content of the
examination. It must, however, sufficiently demonstrate the mastery of the subject
content by the
student.
Reference Materials
Reference materials are located at the end of the course. An electronic copy of this
instructor guide
may be downloaded from our web site at http://www.tcleose.state.tx.us.
Racial Profiling 3256
1.0 RACIAL PROFILING AND THE LAW
1.1 UNIT GOAL: The student will be able to identify the legal aspects of
racial profiling.
1.1.1 LEARNING OBJECTIVE: The student will be able to identify the legislative
requirements placed upon peace officers and law enforcement agencies
regarding racial profiling.
Racial Profiling Requirements:
Racial profiling CCP 3.05
Racial profiling prohibited CCP 2.131
Law enforcement policy on racial profiling CCP 2.132
Reports required for traffic and pedestrian stops CCP 2.133
Liability CCP 2.136
Racial profiling education for police chiefs Education Code 96.641
Training program Occupations Code 1701.253
Training required for intermediate certificate Occupations Code 1701.402
Definition of "race or ethnicity" for form Transportation Code 543.202
A. Written departmental policies
1. Definition of what constitutes racial profiling
2. Prohibition of racial profiling
3. Complaint process
4. Public education
5. Corrective action
6. Collection of traffic -stop statistics
7. Annual reports
B. Not prima facie evidence
C. Feasibility of use of video equipment
D. Data does not identify officer
E. Copy of complaint -related video evidence to officer in question
F. Vehicle stop report
1. Physical description of detainees: gender, race or ethnicity
2. Alleged violation
3. Consent to search
4. Contraband
5. Facts supporting probable cause
6. Arrest
7. Warning or citation issued
G. Compilation and analysis of data
H. Exemption from reporting — audio/video equipment
I. Officer non -liability
J. Funding
K. Required training in racial profiling
1. Police chiefs
2. All holders of intermediate certificates and/or two -year -old licenses as of 09/01/2001
(training to be completed no later than 09/01/2003) — see legislation 77R-SB1074
1.1.2 LEARNING OBJECTIVE: The student will become familiar with Supreme
Court decisions and other court decisions involving appropriate actions in traffic
stops.
A. Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769 (1996)
1. Motor vehicle search exemption
2. Traffic violation acceptable as pretext for further investigation
3. Selective enforcement can be challenged
B. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868 (1968)
1. Stop & Frisk doctrine
2. Stopping and briefly detaining a person
3. Frisk and pat down
C. Other cases
1. Pennsylvania v. Mimms, 434 U.S. 106, 98 S.Ct. 330 (1977)
2. Maryland v. Wilson, 117 S.Ct. 882 (1997)
3. Graham v. State, 119 MdApp 444, 705 A.2d 82 (1998)
4. Pryor v. State, 122 Md.App. 671 (1997) cert. denied 352 Md. 312, 721 A.2d 990
(1998)
5. Ferris v. State, 355 Md. 356, 735 A.2d 491 (1999)
6. New York v. Belton, 453 U.S. 454 (1981)
2.0 RACIAL PROFILING AND THE COMMUNITY
2.1 UNIT GOAL: The student will be able to identify logical and social arguments
against racial profiling.
2.1.1 LEARNING OBJECTIVE: The student will be able to identify logical and
social arguments against racial profiling.
A. There are appropriate reasons for unusual traffic stops (suspicious behavior, the
officer's intuition, MOs, etc.), but police work must stop short of cultural stereotyping and
racism
B. Racial profiling would result in criminal arrests, but only because it would target all
members of a race randomly — the minor benefits would be far outweighed by the
distrust and anger towards law enforcement by minorities and the public as a whole
C. Racial profiling is self-fulfilling bad logic: if you believed that minorities committed
more crimes, then you might look for more minority criminals, and find them in
disproportionate numbers
D. Inappropriate traffic stops generate suspicion and antagonism towards officers and
make future stops more volatile — a racially -based stop today can throw suspicion on
tomorrow's legitimate stop
E. By focusing on race, you would not only be harassing innocent citizens, but
overlooking criminals of all races and backgrounds — it is a waste of law enforcement
resources
3.0 RACIAL PROFILING VERSUS REASONABLE SUSPICION
3.1 UNIT GOAL: The student will be able to identify the elements of both
inappropriate and appropriate traffic stops.
3.1.1 LEARNING OBJECTIVE: The student will be able to identify elements of a
racially motivated traffic stop.
A. Most race -based complaints come from vehicle stops, often since race is used as an
inappropriate substitute for drug courier profile elements
B. "DWB" — "Driving While Black" — a nickname for the public perception that a Black
person may be stopped solely because of their race (especially with the suspicion that
they are a drug
courier), often extended to other minority groups or activities as well ("Driving While
Brown," "Flying While Black," etc.)
C. A typical traffic stop resulting from racial profiling
1. The vehicle is stopped on the basis of a minor or contrived traffic violation which is
used as a pretext for closer inspection of the vehicle, driver, and passengers
2. The driver and passengers are questioned about things that do not relate to the traffic
violation
3. The driver and passengers are ordered out of the vehicle
4. The officers visually check all observable parts of the vehicle
5. The officers proceed on the assumption that drug courier work is involved by
detaining the driver and passengers by the roadside
6. The driver is asked to consent to a vehicle search — if the driver refuses, the officers
use other procedures (waiting on a canine unit, criminal record checks, license -plate
checks, etc.), and intimidate the driver (with the threat of detaining him/her, obtaining a
warrant, etc.)
3.1.2 LEARNING OBJECTIVE: The student will be able to identify elements of a
traffic stop which would constitute reasonable suspicion of drug courier activity.
A. Drug courier profile (adapted from a profile developed by the DEA)
1. Driver is nervous or anxious beyond the ordinary anxiety and cultural communication
styles
2. Signs of long-term driving (driver is unshaven, has empty food containers, etc.)
3. Vehicle is rented
4. Driver is a young male, 20-35
5. No visible luggage, even though driver is traveling
6. Driver was over -reckless or over -cautious in driving and responding to signals
7. Use of air fresheners
B. Drug courier activity indicators by themselves are usually not sufficient to justify a
stop
3.1.3 LEARNING OBJECTIVE: The student will be able to identify elements of a
traffic stop which could constitute reasonable suspicion of criminal activity.
A. Thinking about the totality of circumstances in a vehicle stop
B. Vehicle exterior
1. Non-standard repainting (esp. on a new vehicle)
2. Signs of hidden cargo (heavy weight in trunk, windows do not roll down, etc.)
3. Unusual license plate suggesting a switch (dirty plate, bugs on back plate, etc.)
4. Unusual circumstances (pulling a camper at night, kids' bikes with no kids, etc.)
C. Pre -stop indicators
1. Not consistent with traffic flow
2. Driver is overly cautious, or driver/passengers repeatedly look at police car
3. Driver begins using a car- or cell -phone when signaled to stop
4. Unusual pull -over behavior (ignores signals, hesitates, pulls onto new street, moves
objects in car, etc.)
D. Vehicle interior
1. Rear seat or interior panels have been opened, there are tools or spare tire, etc.
2. Inconsistent items (anti -theft club with a rental, unexpected luggage, etc.)
Resources
Proactive Field Stops Training Unit — Instructor's Guide, Maryland Police and
Correctional Training Commissions, 2001. (See Appendix A.)
Web address for legislation 77R-SB1074:
http://tlo2.tic.state.tx.us/tlo/77r/biIltext/SBO1074F.htm
Report on Complaints
Report on Complaints
The following table contains data regarding officers that have been the subject of a complaint,
during the time period of 1/l/16--- 12/31/16, based on allegations outlining possible violations
related to the Texas Racial Profiling Law. The final disposition of the case is also included.
0
A check above indicates that the Trophy Club Police Department has not received any
complaints, on any members of its police force, for having violated the Texas Racial Profiling
Law during the time period of 1/l/16 ---- 12/31/16.
Uomplamts riled for Possible violations of the Texas Kacial Protilmg Law
Complaint Alleged Violation Disposition of the Case
No.
Additional Comments:
Tables Illustrating Traffic and Motor
Vehicle -Related Contacts
Tier 1 Data
(I) Tier 1 Data
Motor Vehicle -Related Contact Information (1/1/16-12/31/16)
Race/Ethnicity*
Contacts
Searches
Consensual
Searches
PC Searches
Custody
Arrests
N
%
N
%
N
%
N
%
N
%
Caucasian
508
79
33
83
24
69
27
84
27
90
African
51
8
4
10
4
11
1
3
3
10
Hispanic
59
9
2
5
7
20
3
9
0
0
Asian
29
4
1
2
0
0
1
3
0
0
Native
American
0
0
0
0
0
0
0
0
0
0
Middle Eastern
0
0
0
0
0
0
0
0
0
0
Other
0
0
0
0
0
0
0
0
0
0
Total
647
100
40
100
35
100
32
100
30
100
"N" represents "number" of traffic -related contacts
* Race/Ethnicity is defined by Senate Bill 1074 as being of a "particular descent, including Caucasian, African,
Hispanic, Asian, Native American or Middle Eastern".
**Figure has been rounded
Tier 1 Data (Motor Vehicle Contacts in Percentages)
90
80
70
60
50
40
30
20
10 1,
0
Motor Vehicle Contacts
■ Caucasian ■ African fI Hispanic Asian ■ Native American ■ Middle Eastern ■ Other
35
30
25
20
15
10
1 m
Searches
Tier 1 Data (Frequency of Searches)
Consent PC
■ Caucasian ■ African ■ Hispanic Asian ■ Native American ■ Middle Eastern ■ Other
100
90
80
70
60
50
40
30
20
10
Tier 1 Data (Arrests in Percentages)
Arrests
■ Caucasian ■ African ® Hispanic Asian ■ Native American ■ Middle Eastern ■ Other
Total Number of Instances where Officers Knew/did not Know Race/Ethnicity of Individuals
Before Being Detained (1/l/16--12/31/16)
Total Number of I Total Number of
Instances where Officers
Knew Race and Ethnicity
of Individuals Before
Being Detained
57
Instances where Officers
Did Not Know the Race
and Ethnicity of
Individuals Before Being
Detained
590
700
600
500
400
300
200
100
■
Race/Ethnicity
Known Race/Ethnicity (Frequencies)
■ Known ■ Not Known
Tier 1 (Partial Exemption TCLEOSE Form)
Partial Exemption Racial Profiling Reporting (Tier 1)
Department Name
Agency Number
Chief Administrator Name
Reporting Name
Contact Number
E-mail Address
Certification to Report 2.132 (Tier 1) — Partial Exemption
Policy Requirements (2.132(b) CCP): Each law enforcement
agency in this state shall adopt a detailed written policy on
racial profiling. The policy must:
(1) clearly define acts constituting racial profiling;
(2) strictly prohibit peace officers employed by the agency from
engaging in racial profiling;
(3) implement a process by which an individual may file a complaint
with the agency if the individual believes that a peace officer employed
by the agency has engaged in racial profiling with respect to the
individual;
(4) provide public education relating to the agency's complaint
process;
(5) require appropriate corrective action to be taken against a peace
officer employed by the agency who, after an investigation, is shown
to have engaged in racial profiling in violation of the agency's policy
adopted under this article;
(6) require collection of information relating to motor vehicle stops in
which a citation is issued and to arrests made as a result of those
stops, including information relating to:
(A) the race or ethnicity of the individual detained;
(B) whether a search was conducted and, if so, whether the
individual detained consented to the search; and
(C) whether the peace officer knew the race or ethnicity of the
individual detained before detaining that individual; and
(7) require the chief administrator of the agency, regardless of whether
the administrator is elected, employed, or appointed, to submit an
annual report of the information collected under Subdivision (6) to:
(A) the Commission on Law Enforcement Officer Standards and
Education; and
(B) the governing body of each county or municipality served by
the agency, if the agency is an agency of a county, municipality,
or other political subdivision of the state.
These polices are in effect
Chief Administrator Date
Partial Exemption Racial Profiling Reporting
(Tier 1)
Video and Audio Equipment Exemption
Partial Exemption Claimed by (2.135(a) CCP):
❑ all cars regularly used for motor vehicle stops are equipped with
video camera and transmitter -activated equipment and each motor
stop is recorded and the recording of the stop is retained for at least
90 days after the stop.
M
❑ In accordance with 2.135(a)(2) the agency has requested and not
received funds to install the recording equipment
claim this exemption
Chief Administrator Date
Partial Exemption Racial Profiling Reporting (Tier 1)
(This is the TCLEOSE recommended form. The form is not
mandatory. The information contained in this form, however, is
mandatory. You may use your form, but all information must be
provided.)
If you claim a partial exemption you must submit a report that contains the following data
or use this format to report the data.
Instructions: Please fill out all boxes. If zero, use 0.
1. Total on lines 4, 11, 14, and 17 Must be equal
2. Total on line 20 Must equal line 15
Number of Motor Vehicle Stops:
1. citation only
2. arrest only
3. both
Race or Ethnicity:
5. African
6. Asian
7. Caucasian
8. Hispanic
9. Middle Eastern
10. Native American
4. Total
11. Total
Race or Ethnicity Known Prior to Stop?
12. Yes
13. No
14. Total
Search Conducted:
15. Yes
16. No
17. Total
Was Search Consented?
18. Yes
19. No
20. Total Must Equal # 15
Option to submit required data by utilizing agency
report
You must submit your report in PDF format
Electronic Submission of data required by 2.132(b)(6) CCP
(6) require collection of information relating to motor vehicle stops in
which a citation is issued and to arrests made as a result of those
stops, including information relating to:
(A) the race or ethnicity of the individual detained;
(B) whether a search was conducted and, if so, whether the individual
detained consented to the search; and
(C) whether the peace officer knew the race or ethnicity of the
individual detained before detaining that individual; and
This report meets the above requirements
Chief Administrator Date
Send entire documents electronically to this website
www.tcIeose.state.tx.us
Tier 1 Baseline Comparison
(Fair Roads Standard)
(II) Motor Vehicle -Contacts and Fair Roads Standard Comparison
Comparison of motor vehicle -related contacts with households in DFW that have vehicle access
(in percentages). 1/l/16 12/31/16)
Race/Ethnicity*
Contacts
in percentages)
Households with vehicle
access in percentages)
Caucasian
79
60
African
8
14
Hispanic
9
19
Asian
4
5
Native American
0
N/A
Middle Eastern
0
N/A
Other
0
N/A
Total
100
98**
* Race/Ethnicity are defined by Senate Bill 1074 as being of a "particular descent, including Caucasian, African,
Hispanic, Asian, Native American and Middle Eastern".
**Represents rounded figure
Motor Vehicle Contacts and Households
(Percentages) 2016
90
80
70
60
50
40
30
20
10 .1
Caucasian African Hispanic Asian Native Middle Eastern Other
American
■ Contacts ■ Households
Analysis and Interpretation of Data
Analysis
In 2001, the Texas legislature passed Senate Bill 1074 which became the Texas Racial
Profiling Law. That is, the law came into effect on January 1, 2002 and required all police
departments in Texas, to collect traffic -related data and report this information to their local
governing authority by March I" of each year. In 2009, the racial profiling law was modified to
include the collection and reporting of all motor vehicle related contacts where a citation was
issued or arrest made. In addition, the modification to the law further requires that all police
officers indicate whether or not they knew the race or ethnicity of the individual before detaining
them. Further, it is required that agencies report motor vehicle related data to their local
governing authority and to the Texas Commission on Law Enforcement (TCOLE) by March 1st
of each year. The purpose in collecting and presenting this information is to determine if police
officers in a particular municipality are engaging in the practice of racially profiling minority
motorists.
The Texas Racial Profiling Law also requires police departments to interpret motor
vehicle -related data. Even though most researchers would probably agree with the fact that it is
within the confines of good practice for police departments to be accountable to the citizenry
while carrying a transparent image before the community, it is very difficult to determine if
individual police officers are engaging in racial profiling, from a review and analysis of
aggregate/institutional data. In other words, it is challenging for a reputable researcher to
identify specific "individual" racist behavior from aggregate -level "institutional" data on traffic
or motor vehicle -related contacts.
As stated previously, in 2009, the Texas Legislature passed House Bill 3389, which
modified the existing Racial Profiling Law by adding new requirements; this took effect on
January 1 st, 2010. These most recent changes include, but are not exclusive of, the re -definition
of a contact to include motor vehicles where a citation was issued or an arrest made. In addition,
it requires police officers to indicate if they knew the race or ethnicity of the individual before
detaining them. Also, the more recent law requires adding "middle eastern" to the racial and
ethnic category and submitting the annual data report to TCOLE before March lst of each year.
I am pleased to inform you that these additional requirements have been addressed, since 2009,
by the Trophy Club Police Department as it is demonstrated throughout this report.
In an effort to comply with The Texas Racial Profiling Law, the Trophy Club Police
Department commissioned the analysis of its 2016 motor vehicle contact data. Thus, two
different types of data analyses were performed. The first of these involved a careful evaluation
of the 2016 motor vehicle -related data. This particular analysis measured, as required by the
law, the number and percentage of Caucasians, African Americans, Hispanics, Asians, Native
Americans, Middle Easterners and individuals belonging to the "other" category, that came in
contact with the police in the course of a motor vehicle related contact, and were either issued a
citation or arrested. Further, the analysis included information relevant to the number and
percentage of searches (table 1) while indicating the type of search performed (i.e., consensual or
probable cause). Also, the data analysis included the number and percentage of individuals who,
after they came in contact with the police for a motor vehicle -related reason, were arrested.
The additional data analysis performed was based on a comparison of the 2016 motor
vehicle contact data with a specific baseline. When reviewing this particular analysis, it should
be noted that there is disagreement, in the literature, regarding the appropriate baseline to be used
when analyzing motor vehicle -related contact information. Of the baseline measures available,
the Trophy Club Police Department opted to adopt, as a baseline measure, the Fair Roads
Standard. This particular baseline is based on data obtained through the U.S. Census Bureau
(2010) relevant to the number of households that have access to vehicles while controlling for
the race and ethnicity of the heads of households.
It is clear that census data presents challenges to any effort made at establishing a fair and
accurate racial profiling analysis. That is, census data contains information on all residents of a
particular community, regardless of the fact they may or may not be among the driving
population. Further, census data, when used as a baseline of comparison, presents the challenge
that it captures information related to city residents only. Thus, excluding individuals who may
have come in contact with the Trophy Club Police Department in 2016 but live outside city
limits. In some cases, the percentage of the population that comes in contact with the police but
lives outside city limits represents a substantial volume of all motor vehicle -related contacts
made in a given year.
Since 2002, several civil rights groups in Texas expressed their desire and made
recommendations to the effect that all police departments should rely, in their data analysis, on
the Fair Roads Standard. This source contains census data specific to the number of
"households" that have access to vehicles. Thus, proposing to compare "households" (which
may have multiple residents and only a few vehicles) with "contacts" (an individual -based
count). This, in essence, constitutes a comparison that may result in ecological fallacy. Despite
this, the Trophy Club Police Department made a decision that it would use this form of
comparison (i.e., census data relevant to households with vehicles) in an attempt to demonstrate
its "good will" and "transparency" before the community. Thus, the Fair Roads Standard data
obtained and used in this study is specifically relevant to Dallas Fort -Worth Metroplex (DFW).
Tier 1 2016) Motor Vehicle -Related Contact Anal
When analyzing the Tier 1 data collected in 2016, it was evident that most motor vehicle -
related contacts were made with Caucasian drivers. This was followed by Hispanic and African
American drivers. With respect to searches, most of them were performed on Caucasian drivers.
This was followed by African Americans. It is important to note that the arrest data revealed that
Caucasian drivers were arrested the most in motor vehicle -related contacts; this was followed by
African Americans.
Fair Roads Standard Anal
The data analysis of motor vehicle contacts to the census data relevant to the number of
"households" in DFW who indicated, in the 2010 census, that they had access to vehicles,
produced interesting findings. Specifically, the percentage of individuals of Caucasian descent
that came in contact with the police was higher than the percentage of Caucasian households in
DFW that claimed, in the 2010 census, to have access to vehicles. With respect to African
Americans, Hispanics and Asians, a lower percentage of contacts were detected. That is, the
percentage of African American, Hispanic and Asian drivers that came in contact with the police
in 2016 was lower than the percentage of African American, Hispanic and Asian households in
DFW with access to vehicles.
Summary of Findings
The comparison of motor vehicle contacts showed that the Trophy Club Police
Department came in contact (in motor vehicle -related incidents) with a smaller percentage of
African American, Hispanic and Asian drivers than the percentage that resided in DFW and had
access to vehicles. Further, the data suggested that the percentage of Caucasian drivers that
came in contact with the police in 2016 was higher than the percentage of Caucasian households
in DFW with access to vehicles. In addition, the data showed that in a large number of instances,
officers did not know the race or ethnicity of individuals before detaining them, when compared
to instances where officers knew the race/ethnicity of individuals before they were detained.
While considering the findings made in this analysis, it is recommended that the Trophy
Club Police Department should continue to collect and evaluate additional information on motor
vehicle contact data (i.e., reason for probable cause searches, contraband detected) which may
prove to be useful when determining the nature of the contacts police officers are making with all
individuals. Although this additional data may not be required by state law, it is likely to provide
insights regarding the nature and outcome of all motor vehicle contacts made with the public.
As part of this effort, the Trophy Club Police Department is also encouraged to:
1) Perform an independent search analysis on the search data collected in the first
quarter of 2017.
2) Commission data audits in 2017 in order to assess data integrity; that is, to ensure
that the data collected is consistent with the data being reported.
The Trophy Club Police Department has, once again, complied with the Texas Racial
Profiling Law.
(III) Summary
Checklist
Checklist
The following requirements were met by the Trophy Club Police Department in accordance with
The Texas Racial Profiling Law:
® Clearly defined act or actions that constitute racial profiling
® Statement indicating prohibition of any peace officer employed by the
Trophy Club Police Department from engaging in racial profiling
® Implement a process by which an individual may file a complaint regarding racial profiling
violations
® Provide public education related to the complaint process
® Implement disciplinary guidelines for officer found in violation of the Texas Racial Profiling
Law
® Collect data (Tier 1) that includes information on
a) Race and ethnicity of individual detained
b) Whether a search was conducted
c) If there was a search, whether it was a consent search or a probable cause search
d) Whether a custody arrest took place
® Indicate total number of officers who knew and did not know, the race/ethnicity of
individuals before being detained.
® Produce an annual report on police contacts (Tier 1) and present this to local governing body
and TCOLE by March 1, 2017.
® Adopt a policy, if video/audio equipment is installed, on standards for reviewing video and
audio documentation
Contact Information
Contact Information
For additional questions regarding the information presented in this report, please contact:
Del Carmen Consulting, LLC
817.681.7840
www.texasracialprofiling.com
www.delcannenconsultiniz.com
Disclaimer: The author of this report, Alejandro del Carmen/del Carmen Consulting, LLC, is not
liable for any omissions or errors committed in the acquisition, analysis, or creation of this
report. Further, Dr. del Carmen/del Carmen Consulting is not responsible for the inappropriate
use and distribution of information contained in this report. Further, no liability shall be incurred
as a result of any harm that may be caused to individuals and/or organizations as a result of the
information contained in this report.
Supplemental Item
February 20, 2017
AGENDA ITEM NO. 13
Discussion of and provide direction to Town Staff regarding tree houses (Town
Council Future Agenda Item No. 4 - Council Member Shoffner).
KNOW VA
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Division 2. Definitions
Sec. 14.02.052 General definitions
(a) The following words, when used in this ordinance, shall have the meanings respectively ascribed to them in
this section, unless such definition would be inconsistent with the manifest intent of the planning and zoning
commission and the town council or where the context of this ordinance clearly indicates otherwise:
Accessory building or accessory structure. A subordinate building or structure of masonry and/or wood
construction, detached from the main building, and customarily incidental to the principal building.
Accessory use. A use subordinate to and incidental to the principal use.
Acreage. gross. The total acreage of a subdivision, including areas dedicated to the public use, such as streets
and alley rights -of -way and open spaces, but not including public parks.
Acreage. net. The total acreage of a subdivision less those areas dedicated to public use, such as street and alley
rights -of -way, open spaces and public parks. Provided, however, that easements shall be included in net acreage
calculations.
Airport. A landing facility for aircraft approved by the United States Federal Aviation Agency.
Alcoholic beveraae. Alcohol, or any beverage containing more than one-half of one percent of alcohol by volume,
which is capable of use for beverage purposes, either alone or when diluted.
Allev. A public way, public space or thoroughfare which affords only secondary means of access to property
abutting thereon.
Animal pound/shelter (private). A facility for the incarceration of small domestic animals for short periods of time.
Animal run. A structure or barrier for the purpose of containing a dog or other animal as authorized in the town's
animal control ordinance.
Antique shop. An establishment offering for sale, within a building articles such as glass, china, furniture or similar
furnishing and decorations which have value and significance as a result of age, design or sentiment.
Apartment. A room or suite of rooms arranged, designed or occupied as a residence by a single family, individual
or groups of individuals.
Apartment house. Any building, or portion thereof which is designed, built, rented, leased, let or hired out to be
occupied as three (3) or more apartments or which is occupied as the home or residence of three (3) or more
families living independently of each other and maintaining separate cooking facilities.
Arbor. An open framework designed to offer shade, with latticework that also serves as a trellis on which climbing
plants can grow.
Architectural grade metal. A non -flat, non -reflective metal panel specifically designed for the use as a fence.
Area of lot. The net area of the lot and shall not include portions of streets and alleys.
Art studio. An area for the collection, display, distribution, or instruction of objects of art.
Art supply store. An establishment offering for sale those materials used by conventional artists for the
preparation of their art form.
Attached. Any structure that shares a common wall or foundation with the primary structure.
Bakery or retail confectionery store. An establishment that prepares baked foods and prepared candies on -site or
from a wholesale supplier for the purpose of retail sales.
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Bank or financial institution. An establishment, open to the public, for the deposit, custody, loan, exchange or issue
of money, the extension of credit and/or facilitating the transmission of funds and other financial services and that
is licensed by the appropriate state or federal agency as a bank, savings and loan association, or credit union.
This excludes pawnshops, check cashing businesses, and payday advance/loan businesses.
Basement. A building story which is partly underground and having at least one-half (1/2) of its height below the
average level of the adjoining ground.
Bedroom. A room in a dwelling other than a kitchen, dining room, living room, bathroom, closet[,] den, or sunroom
which is used primarily for sleeping.
Blind fence or wall. A fence or wall through which a person is unable to see standing six (6) feet from such fence
or wall at ground level.
Block. An area within the town enclosed by streets and occupied by or intended for buildings; or, if said word is
used as a term of measurement, it shall mean the distance along a side of a street between the nearest two (2)
streets which intersect said street on said side.
Breezeway. A covered passage one story in height connecting a main structure and an accessory building.
Buildable area. That portion of a building site exclusive of the required yard areas on which a structure or building
improvements may be erected, and including the actual structure, driveway, parking lot, pool, and other
construction as shown on a site plan.
Building. A structure built for the support, shelter and enclosure of persons, animals, chattels or movable property
of any kind.
Building official. The building official for the town or his or her designee.
Building setback line. A line parallel or approximately parallel to the street line and beyond which a building or
structure may not be erected, encroach or project.
Cabana. A secondary structure on a lot incidental to a swimming pool or recreational area, but excluding sleeping
and cooking facilities.
Carport. A permanent roofed structure entirely open on at least two sides, designed or used to shelter not more
than two private passenger vehicles.
Cemetery or mausoleum. An area or structure designed to contain the remains of humans for permanent
interment.
Children's playhouse. A noncommercial single -story structure of less than one hundred twenty (120) square feet
used exclusively for the recreational purpose for children. Said structure shall in no way be used for habitation.
Church. A place of worship and religious training of recognized religions, including the on -site housing of ministers
and families, priests, rabbis and nuns.
Clinic. An institution or facility for examining, consulting with or treating patients, including offices, laboratories and
outpatient facilities, but not including hospital beds and rooms for acute or chronic care.
Club. An association of persons for promotion of some common object, such as literature, science or good
fellowship, and jointly supported by its members and carrying the privilege of exclusive use of a club building and
premises.
Colored and embossed poured -in -place concrete. A site -constructed concrete panel with a raised design and
colored to complement the surrounding structures. Design shall encompass eighty (80) percent of the wall facing
and shall be installed on both sides of the wall.
Commercial. Any business, other than a home occupation or manufacturing business, which involves the
exchange of goods or services for the remuneration of a person occupying the premises upon which the
transaction or part thereof takes place.
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Commercial amusement. An amusement enterprise offering entertainment or games of skill to the general public
for a fee or charge.
Community festival. A function or occasion that is endorsed by the town council held at a central location where
scheduled activities are held or performed for the benefit of the community.
Community garage sale. A coordinated event, which includes as participants any number of residents of the town
participating together by simultaneously conducting garage sales that are sponsored by a bona -fide and
recognized nonprofit civic organization.
Comprehensive plan. The comprehensive land use plan of the town and includes any unit or a part of such unit
separately adopted and any amendment to such plan or parts thereof.
Concrete masonry unit with facing. A manufactured concrete masonry unit with a facing that is designed to
resemble cut stone. Facing shall be installed on both sides of the unit.
Condominium. The separate ownership of single units or apartments in a multiple -unit structure or structures with
common elements as defined in V.T.C.A., Property Code, chapter 82, as amended.
Convalescent home. Any structure, other than a hospital, used for or occupied by persons recovering from illness
or suffering from the infirmities of old age.
Convent. Residence of nuns and other accessory activities which are associated therewith.
Corner lot. A lot situated at the junction of two (2) or more streets.
Country club. An area containing a golf course and a clubhouse available only to the membership of the country
club and their guests, including facilities for dining and entertainment, swimming, tennis and similar recreational
facilities and services.
Crafts and hobby shops. A retail establishment which displays and/or offers for sale objects or portions of objects
relating to recreational activities.
Cul-de-sac. A short, minor street having but one outlet to another street and terminating on the opposite end by
an appropriate vehicular turnaround as shown in the town subdivision regulations.
Cultural building and facilities. A building or complex of buildings that house cultural facilities owned and/or
operated by a governmental agency or private nonprofit agency.
Day care center or nurserv. An establishment where more than three (3) unrelated children under fourteen (14)
years of age are left for care, training, education, custody, or supervision during the day or any portion thereof.
The term "day care center" or "day nursery" shall not include overnight lodging, medical treatment, counseling, or
rehabilitative services, and does not apply to any school, public or private, as herein defined. Such facility shall be
operated in a manner as required by chapter 42 of the Human Resources Code of the State of Texas, as
amended, and in accordance with such standards as may be promulgated by the Texas Department of Human
Resources.
Day care (in a private home). The care of no more than three (3) children, not a part of the family, in a residential
structure. Such care being provided by a resident of the structure.
Decorative pre -cast embossed concrete. A pre -cast concrete panel with a raised design. Design shall encompass
eighty (80) percent of the wall facing and shall be installed on both sides of the wall. The use of corrugated tin
shall not be allowed to constitute a design.
Decorative street pavement. The physical construction or treatment of streets such that the aesthetic quality of the
street is enhanced. Enhancements may include or consist of stamped concrete, decorative pavers, colored
concrete or a combination thereof.
Dedication. The setting aside of a lot, parcel, or tract of land for a special use by the public. Such setting aside
shall constitute a transfer of ownership from the current owner to the town and shall be accomplished through
platting the property or by a special instrument.
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Depth of front yard. The minimum distance from the front lot line to the front line of a building
Depth of rear yard. The mean horizontal distance between the rear line of a building other than an accessory
building and the rear lot line.
Design standards. The (i) subdivision regulations of the town, (ii) standards for paving, drainage and utility
improvements, and (iii) any other ordinances, regulations or rules of the town relating to standards for the
construction of paving, drainage or other utility improvement.
Detached. Any structure that does not share a common wall or foundation with the primary structure.
Development. The construction of one or more new buildings or structures on one or more building lots, or the
use of open land for a new use. "To develop" shall mean to create development.
Dilapidated. The condition of a building or structure that has fallen into a state of disrepair, ruin or decay as to
render it a menace to public safety such that it promotes fires or houses rodents or insects.
District. A section of the town for which the regulations governing the area, height and use of buildings are
uniform.
Do line. A vertical line run through the outermost portion of the crown of a tree and extending to the ground.
Dry cleanerr, pick-up and drop-off A retail establishment where fabrics are cleaned with substantially non -
aqueous solvents.
Dry cleaning plant. A commercial laundry or cleaning plant doing cleaning or laundry for off -premises service
outlets and retail establishments.
Duplex. A detached building having separate accommodations for two (2) single-family dwellings or occupied by
two (2) families.
Dwelling. An enclosed building or portion thereof having accommodations for only one family or occupied by one
family.
Easement. A right of a person, government agency, or public utility to use public or private land, which is owned
by another person, government agency, or public utility, for a specific purpose.
Efficiency apartment. A dwelling unit in a multifamily structure, consisting of not more than one habitable room,
together with kitchen or kitchenette and sanitary facilities, and having a minimum of six hundred square feet (600
sq. ft.) of floor area. A habitable room shall be defined as being a space in a structure for living, sleeping, eating or
cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, shall not be
considered habitable space.
Electrical generating station. A facility designed to convert electrical current from other energy sources for
consumption by dwellings and other structures.
Electrical substation. A facility designed to convert electrical current to a different phase or voltage prior to
consumption by dwellings and other structures.
Electrical transmission line. A high voltage line used to transmit electrical current to or between electrical
substations or over long distances and customarily associated with towers.
Enclosed building. A structure which is floored, roofed and surrounded by outside walls, which contains no
opening larger than one hundred twenty (120) square feet in area normally open to the air and which contains no
series of openings forming a divided opening larger than one hundred twenty (120) square feet in area normally
open to the air.
Engineer. A person duly authorized under the provisions of the Texas Engineering Registration Act, as amended,
to practice the profession of engineering.
Extended 72-hour maximum stay surgery center. Any facility that operates primarily to provide outpatient based
diagnostic treatment and medical/surgical intervention to patients and patrons requiring medical treatment with
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provisions for extended, monitored recovery beyond twenty-four hours. Such facilities may include provisions for
extended recovery and medical monitoring for elective surgical procedures and elective medical intervention. The
extended stay facility will meet the environment of care for an institutional medical/surgical facility. The facility
focus shall primarily address low to medium acuity cases as a component of primary care and elective care. Due
to the primary and elective medical focus, the extended 72-hour maximum stay facility shall not include
emergency care beyond the limits of first aid treatment. Additionally, the extended stay facility shall not allow
helipads or heliports associated with traditional medical facilities where emergency treatment is primary.
Facing. A veneer of masonry material with the appearance of brick, stucco, limestone or other materials similar to
the foregoing that may be applied to the surface of a building or structure.
Family. Any number of individuals living together as a single family housekeeping unit in which not more than
three (3) individuals are unrelated by blood, marriage, adoption or foster assignment.
Family home. Shall have the meaning as defined by chapter 42 of the Texas Human Resources Code.
Fence. Any wall or structure more than three feet (3) in height constructed or placed for the purpose of enclosing,
screening, restricting access, or decorating any real property, building or structure.
Fire or police station. A facility designed to provide public protection from the dangers of fire and crime.
First floor. The highest story of a building having its interior floor surface at ground level or not more than four feet
(4') above ground level. Such ground level shall represent the average level along the side of the building having
the lowest ground elevation, and shall be measured at a maximum of four feet (4') from the building. The first floor
in a single-family residential building shall be designated as the main living area. In a split-level residence, the
floors located below and above the first floor shall be designated as half (1/2) floors.
Florist shop. A shop offering flowers, flower arrangement services and associated products for sale
Four-plex or quad-plex. A detached building containing four (4) single-family attached dwellings.
Front yard. An open, unoccupied space on a lot facing a street and extending across the front of the lot between
the side yard lines and being the minimum horizontal distance between the street line and the principal building or
any projection thereof other than the projection of normal architectural features.
Garage, front entry. A structure or portion thereof for the accessory use of storing or parking of private motor
vehicles owned by the occupant of the premises, located in front of or beside the living area, the access thereto
being from the front property line.
Garage, private. An accessory building or a portion of a main building for the storage or parking of motor vehicles
as may be required in connection with the permitted use of the main building. A private garage shall be totally
enclosed with the only exceptions being openings used for access or ventilation, [and] shall be constructed of
similar style and material as the main structure.
Garage sale. A sale of previously owned domestic and household items on -site by the resident of a single-family
detached dwelling. This does not include commercial retail sales. (See "Community garage sale.")
Garage, side or rear entry. A structure or portion thereof for the accessory use of storing or parking of private
motor vehicles owned by the occupant of the premises with access or door facing the side or rear property line.
Said structure shall be located partially or totally behind any portion of the living area.
Gazebo. A secondary structure on a lot incidental to the main residence and being an open air garden pavilion,
but excluding sleeping, cooking (excepting an outdoor charcoaler or grill) and bath facilities.
Golf course (commercial. A golf course, privately owned but open to the public for a fee and operated as a
commercial venture.
Grocery store. A retail establishment selling meats, fruits, vegetables, bakery products, dairy items, and similar
products for human consumption for off -premises consumption only.
Group home for the disabled
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(1) A dwelling shared by four or more disabled persons, including resident staff, who live together as
a single housekeeping unit and in a long-term, family -like environment in which the staff person(s)
provide care, education, and participation in community activities for the residents with the primary
goal of enabling the residents to live as independently as possible in order to reach their maximum
potential.
(2) As used herein, the term "disabled" shall mean having:
(A) A physical or mental impairment that substantially limits one or more of such person's
major life activities so that such person is incapable of living independently;
(B) A record of having such an impairment; or
(C) Being regarded as having such an impairment.
However, "disabled" shall not include current illegal use of or addiction to a controlled
substance, nor shall it include any person whose residency in the home would constitute a
direct threat to the health and safety of other individuals. The term "group home for the
disabled" shall not include alcoholism or drug treatment centers, work release facilities for
convicts or ex -convicts, or other housing facilities serving as an alternative to incarceration.
Guest house. A secondary structure on a lot which may contain dwelling accommodations for the temporary
occupancy by guests and not for rent or permanent occupancy, and such building not having a separate utility
meter.
Hardware store. An establishment offering small hand tools and small building materials and associated
convenience items, and personal hobby materials for sale to the general public.
Height. When referring to the height of a building or portion thereof, the vertical distance measured from the
average established grade at the exterior surface of the structure to the highest point of the structure, measured a
maximum of four (4) feet from the exterior surface of the structure.
Historic tree. A tree which has been found by the town to be of notable historic interest because of its age, type,
size or historic association and has been so designated by the official records of the town.
Home occupation. A home occupation is an occupation carried on in the home by a member of the occupant's
family without the employment of additional persons, without the use of a sign to advertise the occupation, without
structural alterations in the building or any of its rooms, without offering any commodity or service for sale on the
premises and which does not involve open storage and which does not create a nuisance to abutting residential
property such as emission of odor, increased traffic or generation of light or smoke and where the use is carried
on in the main structure only.
Hospital. A facility or area for providing health services primarily for human inpatient medical or surgical care for
the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities,
central services facilities, and staff offices that are an integral part of the facilities.
Hotel or motel. A building or group of buildings designed and occupied as a temporary abiding place for
individuals. To be classified as a motel or hotel an establishment shall contain a minimum of six (6) individual
guest rooms or units and may furnish customary services such as linen, maid service, telephone, [and] use and
upkeep of furniture.
HUD -code manufactured home. A structure that was constructed on or after June 15, 1976, according to the
rules of the United States Department of Housing and Urban Development, transportable in one or more
sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in
length, or, when erected on -site, is 320 or more square feet, and which is built on a permanent chassis and
designed to be used as a dwelling with or without a permanent foundation when connected to the required
utilities, and including the plumbing, heating, air conditioning, and electrical systems.
Industrialized housing. A residential structure that is designed for the use and occupancy of one or more families,
that is constructed in one or more modules or constructed using one or more modular components built at a
location other than the permanent residential site, and that is designed to be used as a permanent residential
structure when the modules or modular components are transported to the permanent residential site and are
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erected or installed on a permanent foundation system. The term includes the plumbing, heating, air conditioning,
and electrical systems. The term does not include any residential structure that is in excess of three stories or
forty-nine (49) feet in height as measured from the finished grade elevation at the building entrance to the peak of
the roof. The term shall not mean nor apply to
(1) Housing constructed of sectional or panelized systems not utilizing modular components; or
(2) Any ready -built home which is constructed so that the entire living area is contained in a single
unit or section at a temporary location for the purpose of selling it and moving it to another location.
Kindergarten. School for children of preschool age, in which construction [constructive] endeavors, object lessons
and helpful games are prominent features of the curriculum.
Laundromat. A retail establishment where fabrics are cleaned with aqueous organic solvents in machines
operated by the patron.
Lot. An undivided tract or parcel of land having frontage on a public street or an approved open space having
direct street access, and which is, or in the future may be, offered for sale, conveyance, transfer, or improvement,
which is designated as a distinct and separate tract, and which is identified by a tract, or lot number, or symbol in
a duly approved subdivision plat which has been properly filed of record, as shown in the town subdivision
regulations.
Lot coverage. The total area of a lot upon which is placed a building, buildings or other structures.
Lot depth. The length of a line connecting the midpoints of the front and rear lot lines.
Lot, double frontaae or through. Any lot, but not including a corner lot, with frontage on two (2) streets which are
parallel to each other or within forty-five (45) degrees of being parallel to each other.
Lot frontage. The length of street frontage between property lines.
Lot, irregular. Any lot not having equal front and rear lot lines, or equal side lot lines; a lot, the opposite lot lines of
which vary in dimension and the corners of which have an angle of either more or less than ninety (90) degrees.
Lot of record. A lot which is part of a subdivision, the plat of which has been recorded in the office of the county
clerk of the county where the lot is located, or a parcel of land, the deed of which was recorded in the office of the
county clerk of the county where the lot is located prior to the effective date of this ordinance.
Lot, reverse frontage. A corner lot, the rear of which abuts the side of another lot.
Lot width. The average distance between the side lot lines, which is normally that distance measured along a
straight line connecting the midpoint of the two side lot lines.
Maintenance. All work necessary or appropriate to keep a building or structure in proper condition and in
compliance with this ordinance or other applicable law, codes or regulations.
Masonry materials. Materials that shall include stone, brick, faux stone or brick, and concrete masonry units with
decorative facing.
Massage. Any process consisting of kneading, rubbing, or otherwise manipulating the skin of the body of a human
being, either with the hand or of [by] other special apparatus, but shall not include massage by duly licensed
physicians, osteopaths, chiropractors, and registered physical therapists or registered nurses or licensed
vocational nurses who treat only patients recommended by a licensed physician and who operate only under such
physician's direction. The term "massage" shall not include massages authorized by the state in beauty shops and
barber shops staffed by licensed barbers and beauticians.
Massage parlor. Any building, room, place or establishment, other than a regularly licensed hospital, where
manipulated massage or manipulated exercises are practiced upon the human body by anyone not a duly
licensed vocational nurse acting at the direction of a doctor whether with or without the use of mechanical,
therapeutic or bathing device, and shall include Turkish bathhouses. This term shall not include, however, duly
licensed beauty parlors or barber shops or a place wherein registered physical therapists treat only patients
recommended by a licensed physician and operate only under such physician's direction.
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May. Shall mean discretionary, and not mandatory.
Mechanical equipment. Any machinery designed or manufactured for permanent installation in one place, either
outside of a building or inside of a mechanical equipment building or room.
Minimum square footage of dwelling unit. The minimum square footage of living space required per dwelling unit,
excluding open porches, breezeways, patios or areas designated for automobile parking, but including enclosed
porches.
Mobile home. A structure that was constructed before June 15, 1976, transportable in one or more sections,
which, in the travel mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when
erected on -site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used
as a dwelling with or without a permanent foundation when connected to the required utilities, and including the
plumbing, heating, air conditioning, and electrical systems.
Modular home. A structure or building module that is manufactured at a location other than the location where it is
installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis
or other conveyance device, and to be used as a permanent dwelling when installed and placed upon a
permanent foundation system. The term includes the plumbing, heating, air conditioning and electrical systems
contained in the structure. The term does not include a mobile home as defined in the Texas Manufactured
Housing Standards Act, nor does it include building modules incorporating concrete or masonry as a primary
component.
Monastery. Residence of monks or priests and other accessory activities which are associated therewith.
Mortuary or funeral home. An establishment serving the needs of the community by providing embalming and
burial services in conformance with the State of Texas statutes.
Multifamily dwelling. A building or buildings containing or aggregating four or more single-family dwelling units.
Natural grade or grade. The natural grade existing prior to any site preparation, grading or filling. The natural
grade is that area or point adjacent and contiguous to a proposed building or structure prior to construction or
placement of the same.
Natural vegetation. Living plant material.
Noncommercial. A person, endeavor, organization, agency, or operation that does not involve the exchange of
goods or services, as a principal or secondary use, for the remuneration of a person, venture, partnership,
corporation, or organization occupying the premises upon which the transaction or part thereof takes place.
Nonconforming use. A building, structure or use of land lawfully occupied at the time of the effective date of this
ordinance or amendments thereto, and which does not conform to the use regulations of the districts in which it is
situated.
Office, business and professional. A room or group of rooms for the provision of business and professional
services, not including retail sales or production.
Office, medical and dental. A room or group of rooms for the provision of medical and dental health care services,
not to include other than ambulatory care.
Off-street parking. Concrete surface areas upon which motor vehicles may be parked and which area has access
to a public street.
Oaaque. A fence material that is impenetrable by light; neither transparent nor translucent.
Open space. All land designated for the recreational enjoyment and/or natural beauty of the area.
Outdoor advertising sign. A signboard advertising a service[,] commodity, goods, wares, merchandise or opinion
not sold or offered to the public at the site upon which the signboard is located.
Outdoor kitchen. May include not only a grill but also a refrigerator, cabinetry, a sink or even a wine cooler.
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Outside storaae. The storage of commodities, goods and/or refuse outside of an enclosed building
Park. Land dedicated to, purchased by or otherwise acquired by the town for the purpose of providing public
recreational and/or open areas.
Pavement width. That portion of a street available for vehicular traffic; where curbs are laid, it is the portion
between the face of the curbs.
Pavilion. An open structure without walls but covered with a roof. The structure may be of wood construction and
shall have a roof construction consistent with residences within the town.
Pawnshoa. An establishment where money is loaned on the security of personal property pledged in the keeping
of the pawnbroker.
Pedestrian path. A paved pedestrian way generally located within the public street right-of-way, but outside of the
street or roadway.
Pergola. A shaded walk or passageway of columns that support cross -beams and an open lattice, upon which
woody vines are grown.
Perimeter plan. A map indicating the proposed areas of common land usage on a tract of land three hundred feet
(300') in depth adjacent to and within the total perimeter of the district.
Person. Any individual, association, firm, partnership, corporation, governmental agency, political subdivision or
any other entity recognized in law.
Pharmacy. drugstore. apothecary. An establishment offering over-the-counter and prescription drugs and allied
products for retail sale.
Photoaraphic studio. A building or portion of a building as a place of work for a photographer.
Planned development. A subdivision that consists of commercial and/or residential land uses, public land uses,
and common open space and park and recreational areas, adequate to serve the needs of the tract when fully
developed and populated, which is to be developed as a single entity, under unified control.
Plannina and zonina administrator/coordinator. The planning and zoning manager of the town or his or her
designee.
Plat. A final plat that has been approved by the town in accordance with the town subdivision regulations and filed
in the deed records of the county where the land is located.
Playaround. An area used primarily for recreational purposes for children and which generally includes equipment
such as, but not limited to, swing sets, slides and merry-go-rounds; provided, however, that a playground shall not
mean any play area on a residential lot and used primarily by a person or persons residing on the residential lot.
Premises. A piece of land or real estate owned, rented, leased, used or occupied distinct from those adjacent to
the same by virtue of different ownership, rental, lease, usage or occupancy.
Principal structure. A building or structure, the use of which is a principal use.
Principal use. A use which, in comparison with another use occurring on the same property, has the greatest
effective producing power.
Private. The exclusion of those who have not been invited.
Private club. A social organization to which membership is by invitation only, and its meeting place in which only
members and their guests are permitted, but excluding private clubs in which alcoholic beverages are stored,
possessed or consumed.
Professional service. Work performed by a member of a profession licensed as a profession by the State of
Texas.
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Public. Promotion of a public cause or service, including utilities having a franchise from the town, but excluding
other profit -making organizations.
Public right-of-way. A strip of land used or intended to be used, wholly or in part, as a public street, alley,
crosswalk, pedestrian path, drainageway or other public way.
Public utility. Any person, corporation or other entity owning or operating for compensation within the town
equipment or facilities for:
(1) Producing, generating, transmitting, selling or furnishing electricity;
(2) Conveying, transmitting or receiving communications over a telephone;
(3) Providing, furnishing or selling water or sewer services;
(4) Producing, transporting, furnishing or selling natural gas; or
(5) Providing, furnishing or selling cable television.
Rear yard. A space unoccupied by a principal structure extending for the full width of the lot between the principal
structure and the rear lot line.
Recreational vehicle campgrounds. Any premises on which one or more recreational vehicles or travel trailers are
parked or situated and used for the purpose of supplying to the public a parking space for one or more such
coaches or trailers.
Rectory. Residence of ministers or priests and other accessory activities which are associated therewith.
Religious institution. Shall be held to include a church as defined herein.
Repair. The reconstruction or renewal of any part of an existing building or structure for the purpose of
maintenance.
Residential density. The number of dwelling units per gross acre, excluding any areas that are designated to be
used for parks and open space, and other nonresidential purposes.
Restaurant or cafe. A building or portion of a building, where the primary business is the on -premises sale of
prepared food, with adequate facilities for the preparation of the food to be sold, the adequacy of said kitchen
facilities to be based upon the seating capacity of the restaurant and the type of menu offered.
Restaurant or eating establishment (drive-in service). An establishment designed and constructed to serve food
for consumption on the premises, in an automobile, or for carry -out for off -premises consumption and which
establishment may or may not have on -premises dining room or counter.
Restaurant with alcoholic beveraae sales. A restaurant or eating establishment where alcoholic beverages are
sold whose gross sales in the town from food on an annual basis at the location represent at least sixty percent of
total sales.
Retail store. A place where goods, wares, merchandise and commodities are sold and transferred directly to the
purchaser or consumer in small quantities such as by the single yard, pound, gallon or single articles as opposed
to wholesale trade.
Retaining wall. A wall designed to resist the lateral displacement of soil or other materials, said materials being
substantially equal in height to the height of the wall.
Retirement home. A development facility providing dwelling units specifically designed for the needs of ambulatory
persons who have retired from active vocations.
School, college/university. An academic institution of higher learning, accredited or recognized by the state and
offering a program or series of programs of academic study leading to a recognized degree or advanced degree.
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School, denominational or private. A school under the sponsorship of a private agency, corporation, or religious
agency, having a curriculum generally equivalent to public elementary or secondary schools, and accredited or
licensed by the State of Texas; but excluding private trade or commercial schools as herein defined.
School, public. A school under the sponsorship of a public agency providing elementary or secondary curriculum,
and accredited or licensed by the State of Texas; but excluding private trade or commercial schools.
School, trade or commercial. An establishment other than accredited or licensed public, private or denominational
school, offering training or instruction in art occupation, or trade.
Screening. To conceal an object from public view by means of landscaping materials or an opaque fence.
Screening wall or fence. A wall or fence, the surface of which does not contain openings more than forty (40)
square inches in each one square foot of surface of such wall or fence, and which surface shall constitute a visual
barrier.
Servants' quarters. An accessory dwelling located on a lot with a main residence structure and used as living
quarters for persons employed on the premises only, and not for rent or use as a separate domicile of other than
persons employed on the premises, and with no separate utility meters.
Shall. Means mandatory, and not discretionary.
Side yard. An open unoccupied space on the same lot with a building, situated between the building and the side
line of the lot, and extending through from the side street or from the front yard to the rear line of the lot. Any lot
line not a rear line or a front line shall be deemed a side line.
Sinale-family attached dwelling. A portion of an enclosed building having accommodations for and occupied by
only one family, attached to like units, which units may be sold individually provided that the entire building meets
all lot area, front yard, side yard, rear yard, height and other zoning requirements.
Single-family detached dwelling. An enclosed building having accommodations for and occupied by only one
family, which building must of itself meet all the lot area, front yard, side yard, rear yard, height and other zoning
requirements.
Site plan. A map, drawing or chart showing the location of all existing and planned structures, landscaping design,
ingress and egress, parking, height of structures and/or any other elements or design standards required by this
ordinance or the town subdivision regulations and which has been approved in accordance with the town
subdivision regulations.
Specimen tree. A tree which has been determined by the town to be of high value because of its type, size or
other professional criteria, and which has been so designated as part of the official records of the town.
Stable (private). A stable with a capacity for not more than four (4) horses, mules, or other domestic animals.
Stadium. Any athletic field or stadium operated for the general public, including a baseball field, or football field or
stadium.
Storage. A space or place for storing and safekeeping of goods in a warehouse or other depository.
Storage/utility building. A noncommercial structure that is secondary to the primary structure and is used primarily
for storage of garden and lawn equipment, tools, and miscellaneous household items. This does not include the
regular storage of material and goods intended to be sold or used in connection with any business or commercial
enterprise.
Story. That portion of a building between the surface of any floor and the surface of the floor next to it, or if there
be no floor above it, then the space between such floor and the ceiling next above.
Street. Any parcel of land designated for specific use as a thoroughfare for vehicular traffic and not designated as
an alley.
Street, private. Any parcel of land designated and used specifically as a thoroughfare for vehicular traffic, but not
dedicated to the public.
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Street, public dedicated. Any parcel of land dedicated to the public and used or which may be used specifically as
a thoroughfare.
Street right-of-way. A street, including its pavement and all the publicly owned property adjacent to it, dedicated
for street purposes.
Structural alterations. Any change in the supporting members of a building, such as bearing walls, columns,
beams or girders.
Structure. That which is built, erected or constructed; an edifice or building of any kind, or any piece of work built
up or composed of parts joined together in some definite manner, including parking lots.
Subdivider. Any person or any agent thereof dividing or proposing to divide land so as to constitute a subdivision
as that term is defined herein. In any event, the term "subdivider" shall be restricted to include only the owner,
equity owner, or authorized agent of such owner or equity owner, of land to be subdivided.
Subdivision. A division of a lot, tract, or parcel of land into two (2) or more parts, lots or sites for the purpose,
whether immediate or future, of sale, division of ownership or building development. Subdivision includes
resubdivision of land or lots which are part of a previously recorded subdivision.
Swimming pool (commercial. A swimming pool with accessory facilities, not part of the municipal or private
recreational system, and not a private swim club, but where the facilities are available to the general public for a
fee.
Swimming pool (private). A swimming pool constructed for the exclusive use of the residents of a one -family, two-
family or multiple -family dwelling and located and fenced in accordance with the regulations of the town.
Temporary field or construction office. A structure or shelter used in connection with a development or building
project for housing on the site of temporary administrative and supervisory functions and for sheltering employees
and equipment.
Town. The Town of Trophy Club, Texas.
Town engineer. The duly authorized person in charge of engineering for the town, or that person's designated
representative.
Town planner. The duly authorized person in charge of planning for the town, or that person's designated
representative.
Townhouse/townhome. A single-family attached dwelling unit on a separately platted lot which is joined to another
selling [dwelling] unit on one or more sides by a party wall or abutting walls and occupied by not more than one
family.
Tree. Any self-supporting woody perennial plant which has a trunk diameter of three inches (Y) or more when
measured at a point four and one-half feet (4-1/2') above ground level and which normally attains an overall
height of at least fifteen (15) feet at maturity, usually with one (1) main stem or trunk and many branches. It may
appear to have several stems or trunks as in several varieties of oak.
Triplex. A moderate density use and shall mean a detached building containing three (3) single-family attached
dwelling units.
Use. The purpose for which land or buildings are or may be occupied in a zoning district.
Utility distribution lines. Facilities which serve to distribute and transmit electrical power, gas, and water, including
but not limited to electrical transmission lines, gas transmission lines, and metering stations.
Variance. Relief from or variation of the provisions of these regulations, other than the use regulations, as applied
to a specific piece of property, as distinct from rezoning, as further set out hereinafter in the powers and duties of
the zoning board of adjustment.
Vinyl fence. A prefabricated fence made of PVC plastic that imitates a variety of fence designs, including board,
rail, picket, lattice, and wrought iron.
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Wholesale business. A commercial use devoted to the sale of goods and commodities in large lots to retail outlets
and stores and manufacturers.
Width of lot. The horizontal distance between the side lot lines of a lot measured at right angles to the depth or the
same distance measured at the front building line.
Width of side yard. The least distance between a side wall of a building and the side line of the lot.
Wrought iron. A manufactured metal fencing material designed to resemble hammered iron.
Yard. A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a
structure from the general ground level of the graded lot upward; provided, however, that fences, walls, poles,
posts, and other customary yard accessories, ornaments, and furniture are not deemed to be obstructions if
height limitations and requirements limiting obstruction of visibility are observed.
Yard area. The front, side, and rear yard areas as required under the comprehensive zoning ordinance and the
zoning district requirements applicable thereto.
Yard. front. An open space, unoccupied space on a lot facing a street and extending across the front of the lot
between the side yard lines and being the minimum horizontal distance between the street line and the principal
building or any projection thereof other than the projection of normal architectural features.
Yard. rear. The required rear yard is an open space unoccupied and unobstructed extending across the rear of a
lot from one side lot line to the other side lot line.
Yard. side. An open, unoccupied space on the same lot with a building situated between the building and side line
of the lot and extending through from the front yard to the required rear yard. Any lot line not the rear line or a
front line shall be deemed a side line.
Zoning district. A classification applied to any certain land area within the town stipulating the limitations and
requirements of land usage and development.
Zoning mad. The official zoning map of the town together with all amendments thereto
(b) Amendments to the definitions in this section, or additional definitions to be added to this section, may be
made by the town council after receiving the recommendations and report of the planning and zoning commission
on such amendments or additions, and after a public hearing before the town council, as provided by law. Public
hearing before the planning and zoning commission on any proposed amendment or addition to the definitions of
this section shall be held by the planning and zoning commission after such notice of such hearing shall have
been given by publication at least one time in a newspaper of general circulation in the town of the time and place
of such hearing at least fifteen (15) days prior to the date of such hearing.
(Ordinance 98-29, sec. IX, adopted 12/1/98; Ordinance 2000-06, sec. IX, adopted 3/21/00; Ordinance 2002-28,
sec. III, adopted 8/19/02; Ordinance 2003-28, sec. II, adopted 12/1/03; Ordinance 2005-16, sec. 2, adopted
7/18/05; 2006 Code, ch. 13, sec. 2.02; Ordinance 2008-24, sec. 2.01, adopted 9/8/08; Ordinance 2012-19
adopted 9/24/12)
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Division 5. Supplementary District Regulations
Sec. 14.02.253 Accessory structures and uses
An accessory structure shall comply in all respects with the requirements of this ordinance applicable to the main
structure, and in accordance with the following:
(1) All residentially zoned districts shall be subject to the following regulations.
(A) Permitted accessory structures.
(i) Except as otherwise provided herein, and excluding pools and covers, accessory
structures less than one hundred twenty (120) square feet of floor area shall not require a
building permit. Storage/utility buildings, regardless of size shall require a permit on all lots
abutting public and private parks or the golf course.
(ii) The following structures and uses shall be permitted as accessory to the principal
structure provided that none shall be a source of income to the owner or user of the
principal single-family dwelling:
a. Detached private garage in connection with any use, provided that no such
garage shall face a golf course; and provided that any detached garage which faces
a street be located a minimum of forty-five feet (45') from the front property line; and
provided, however, that the requirement that no such garage face any street shall not
apply where the rear yard of a lot abuts a street which is contiguous to the perimeter
of the town, unless otherwise provided by ordinance.
b. Cabana, pavilion, gazebo.
c. Storage/utility buildings (masonry or wood).
d. Greenhouse (as hobby, not business).
e. Home workshop.
f. One flagpole less than twenty feet (20') in height per residential lot; flagpoles are
allowed in the front yard but cannot be in town right-of-way or in any identified
easements; and must be a minimum of six feet (6') from rear and side lot lines.
Permissible flags are as defined in the Code of Ordinances, section 3.09.007.
g. Tennis court/basketball court.
Guest house.
Swimming pool/hard top pool cover.
(iii) In all residentially zoned districts, when any of the foregoing permitted residential
accessory uses are detached from the principal single-family dwelling, such accessory uses
shall be located, except flagpoles as defined in subsection f. above:
a. Behind the front building setback; and
b. A minimum of twenty feet (20') from any street right-of-way; and
c. A minimum of six feet (6') from rear and side lot lines.
(iv) Location.
a. There shall be no accessory structures located in any front yard or side yards,
with the exception of a flagpole, as defined in subsection f. above.
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b. Accessory structures erected ten (10) feet or closer to the principal building shall
be considered to be attached and part of the primary structure for calculating total
square feet under roof and shall comply with the setback lines established for that
zoning district.
C. If the total square feet under roof (including said accessory structures) exceeds
7,500 square feet, then the entire new accessory structure must be protected with a
sprinkler system.
d. In a case where more than one accessory structure is on the same lot, each
structure shall have a minimum ten (10) foot separation between them.
e. Notwithstanding the foregoing, accessory structures are only allowed if they
comply with the zoning regulations in the district in which they are located.
(v) Height requirements/screening requirements.
a. Hard top pool covers shall not exceed four feet (4') in height above the outside
perimeter of the pool.
b. Accessory structures permitted in these districts shall not exceed one story in
height, the maximum height of one story not to exceed twenty feet (20'), except for
storage/utility structures which shall not exceed eight feet (8') in height.
C. Accessory structures permitted in these districts shall not exceed one story in
height, the maximum height of one story not to exceed twenty feet (20'), except for
storage/utility structures which shall not exceed eight feet (8') in height.
(2) Nonresidential accessory structures. All non -residentially zoned districts shall be subject to the
following regulations. The following shall be permitted as accessory uses, provided that such use shall
be located not less than twenty feet (20') from any street right-of-way:
(A) Permitted accessory structures and uses in CG Commercial District and in NS
Neighborhood Service District. The following uses shall be permitted as accessory uses:
(i) Screened garbage storage on a concrete pad and no nearer than fifty feet (50') to a
residentially zoned district and not located between the front of the building and any street
right-of-way.
(ii) Temporary uses incidental to the primary use, provided the same is properly
screened and provided they conform to the standards set forth in section 14.02.251,
Temporary Uses.
(B) Permitted accessory structures and uses in CR commercial district. The following
structures and uses shall be permitted as accessory structures and uses.
(i) Cabana, pavilion, gazebo or roofed area.
(ii) All other uses and structures which are customarily accessory, and clearly incidental
to the structures, and which are allowed within the applicable zoning district.
(C) Permitted accessory uses in GU Governmental Use District and in PO Professional Office
District. The following uses shall be permitted as accessory, provided that none shall be a source
of income to the owner or user of the principal use:
(i) All other uses and structures which are customarily accessory, and clearly incidental
to the structures, and which are allowed within the applicable zoning district.
(3) Prohibited structures. The following structures shall be prohibited:
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(B) Metal, vinyl or similar material structures unless otherwise provided herein.
(C) Temporary structures on skids.
(4) Location. There shall be no accessory structures located in any front yard or side yards, with the
exception of a flagpole and signs, as defined by this division. Accessory structures erected ten (10)
feet or closer to the principal building shall be considered to be attached and part of the primary
structure for calculating total square feet under roof and shall comply with the setback lines established
for that zoning district. If the total square feet under roof (including said accessory structures) exceeds
7,500 square feet, then the entire new accessory structure must be protected with a sprinkler system.
In a case where more than one accessory structure is on the same lot, each structure shall have a
minimum ten (10) foot separation between them. A swimming pool is permitted to be located closer
than ten (10) feet to the principal building. If the water's edge of a swimming pool, or any accessory
structure that is excavated for foundation footing, is located six (6) feet or closer to the primary
dwelling, an engineer's letter, stamped by all applicable engineers, stating the excavation will not in
any way harm the structural integrity of the primary dwelling, will be required at the time of plan
submittal. Notwithstanding the foregoing, accessory structures are only allowed if they comply with the
zoning regulations in the district in which they are located.
(5) Garage requirements.
(A) A detached garage, used to meet the minimum off-street parking requirement, shall be
permitted as an accessory use in a residential district and shall be constructed so as to
accommodate the enclosed parking of at least two (2) automobiles.
(B) A detached garage, which is provided in addition to the required two (2) car garage, shall
be permitted as an accessory structure in a residential district, except as otherwise specifically
provided.
(C) Any detached garage shall set back at least forty-five feet (46) from the front property line
of a residential lot.
(D) Corner lots may have detached garages facing a side street if they set back a minimum of
thirty-five feet (36) from the side street; however, no drive cuts will be allowed from any street
classified as a major or minor collector street.
(6) Design criteria. All accessory structures shall conform to the following design criteria:
(A) The exterior surfaces of all accessory structures shall be consistent with the regulations as
specified by the applicable zoning district. However, accessory structures that are normally
constructed in such a manner that masonry exterior surfaces are neither practical nor
appropriate are excluded from the masonry requirements, including but not be limited to gym
sets, playhouses, greenhouses, pergolas, arbors, and outdoor kitchens.
(B) Open-air structures, such as gazebos and pavilions, are permitted to be constructed with
an aluminum material so long as that material resembles wood -like construction and such
material has been approved by the town's planning and zoning coordinator.
(7) Public views. Except as provided in subsection (6)(A) above, all storage/utility buildings and
greenhouses abutting and viewable from public and private parks or golf courses shall be either
screened so that they are not visible from any of those locations, or alternatively shall be constructed
of at least 80% masonry materials. In order to meet the requirements of this section, one or more of
the following shall be met.
(A) Live screening. Live screening as specified in this section shall be required. Live screening
shall at no time exceed the maximum height allowed for a fence in that zoning district.
(B) Masonry requirements. Alternatively, uses specified in this section shall be constructed of
at least eighty percent (80%) masonry materials. The exterior surface shall match the main
structure to the greatest extent possible in materials and color.
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(Ordinance 2005-09, sec. II, adopted 5/2/05; Ordinance 2005-14, sec. II, adopted 6/6/05; Ordinance 2006-34,
sec. II, adopted 9/18/06; Ordinance 2006-46, sec. 2, adopted 11/20/06; 2006 Code, ch. 13, sec. 5.03; Ordinance
2008-24, secs. 2.02-2.04, adopted 9/8/08; Ordinance 2009-09, sec. II, adopted 5/18/09; Ordinance 2009-20, sec.
II, adopted 8/24/09; Ordinance 2009-29, sec. 2.02, adopted 11/02/09)
**1 Remove 14.02.253 (3) (A) completely
**2 Add this definition to 14.02.052
Tree house. A detached accessory structure that is supported by 1) one or more trees 2) a combination of trees
and ground support elements or 3) ground supports and surrounding a tree, that is used for recreation and is not
considered to be a habitable residence.
**3 Add "j" to Sec. 14.02.253 (1) (A) (ii)
Tree Houses / Play Houses - not permitted to be supplied with permanent electricity and/or water.
**4 Add "d" to Sec. 14.02.253 (1) (A) (v)
Maximum height: Tree houses and play houses, as accessory structures, are permitted up to 15 feet in height
from adjacent grade to the highest point of the roof.
**5 Sec. 14.02.253 (6) (A)
Add Tree Houses to the list of excluded screening items.
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